DUI.lawDUI.law

The licence case

Licence suspension after a DUI arrest in Texas

The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.

Hearing-request deadline in Texas: For a Chapter 524 test-failure suspension, DPS must receive the hearing request no later than the 15th day after receipt—or legally presumed receipt—of the suspension notice.

Tex. Transp. Code § 524.031 (opens in a new tab)The notice identifies your proceeding. Conditions below.

The window

Deadline to request a hearing
For a Chapter 524 test-failure suspension, DPS must receive the hearing request no later than the 15th day after receipt—or legally presumed receipt—of the suspension notice.
  • Follow the notice's receipt rule. A mailed notice has a statutory presumed-receipt rule; do not substitute the arrest date.
Verified Tex. Transp. Code § 524.031Official source (opens in a new tab)
Hearing procedure under the cited rule
Request the Chapter 524 hearing from DPS in writing, by fax, or another DPS-prescribed method. DPS headquarters in Austin must receive it within the notice-based statutory period.
  • The deadline is the 15th day after actual or legally presumed receipt of the notice. Use the current DPS hearing instructions.
Verified Tex. Transp. Code § 524.031Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Suspension length after a refusal
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

What happens if the window closes

The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.

Whether Texas offers a restricted licence in that situation, and on what conditions, is a state-specific question:

Hardship or restricted licence
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Ignition interlock, first offense
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

How the two cases relate

A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
For a Chapter 524 test-failure suspension, DPS must receive the hearing request no later than the 15th day after receipt—or legally presumed receipt—of the suspension notice.
  • Follow the notice's receipt rule. A mailed notice has a statutory presumed-receipt rule; do not substitute the arrest date.
Verified Tex. Transp. Code § 524.031Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08%
Verified Tex. Penal Code § 49.01Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.