License Suspension Hearings

When a person is pulled over for suspicion of driving while intoxicated (DWI) in Denton County, he or she may have his or her driver’s license automatically suspended for refusing to submit to a chemical alcohol concentration test. The alleged offender can also be subject to driver’s license suspension if he or she does submit to the taking of a specimen but fails the chemical test.

The administrative license suspension is a civil penalty that is completely separate from any criminal penalties that may result from DWI charges. In fact, a driver may have his or license suspended even if he or she is not charged with DWI.

License Suspension Hearings Lawyer Denton

If you have had your license suspended for refusing to submit to chemical testing or failing a DWI test, then you will want to immediately contact an experienced Denton County criminal defense attorney. Regardless of whether you refused to submit to a test or you failed one, you only have 15 days to request an administrative license suspension hearing to get your driver’s license back.

The Law Offices of Richard C. McConathy assists clients all over Lewisville with the following types of DWI matters:

  • Criminal Suspension
  • Administrative License Revocation
  • License Reinstatement
  • Occupational License

We also serve surrounding areas like Grapevine, Denton, Argyle and Westlake, and surrounding counties, including Parker, Wise, and Cooke. Call 940-222-8004 right now to schedule a free consultation that will let our firm review your case.


Denton County License Suspension Hearings Information Center


Back to top

Lengths of Administrative Driver’s License Suspension in Texas

The amount of time that your driver’s license will be suspended after refusing to submit to a chemical test or failing a chemical test after submitting to one can vary depending on certain factors.

If an alleged offender submits to chemical testing and has an alcohol concentration—most frequently measured by blood alcohol concentration (BAC)—that exceeds the legal limit, then he or she may have his or her license suspended under Texas Transportation Code § 524.022 for one of the following periods:

  • 90 days if he or she is an adult with no previous alcohol-related or drug-related convictions in the prior 10 years
  • One year if he or she is an adult with one or more alcohol-related or drug-related convictions in the prior 10 years
  • 60 days if he or she is under 21 years of age and has no previous alcohol-related convictions
  • 120 days if he or she is under 21 years of age and has one previous alcohol-related conviction
  • 180 days if he or she is under 21 years of age and has two or more previous alcohol-related convictions

Texas Transportation Code § 524.022 states that an alleged offender who possesses a commercial driver’s license (CDL) can be subject to the following penalties:

  • One year for having a BAC of 0.04 while operating a commercial motor vehicle in a public place
  • One year for having a BAC of 0.08 while operating a motor vehicle other than a commercial motor vehicle in a public place
  • Three years for transporting hazardous material and having a BAC of 0.04 while operating a commercial motor vehicle in a public place or having a BAC of 0.08 while operating a motor vehicle other than a commercial motor vehicle in a public place

If an alleged offender refuses to submit to chemical testing, then Texas Transportation Code § 724.035 lists the following periods of suspension:

  • 180 days if it is the alleged offender’s first refusal
  • Two years if the alleged offender has refused to submit to chemical testing, was convicted of any DWI offense, or failed a chemical alcohol concentration level test in the prior 10 years

If an alleged offender who possesses a commercial driver’s license (CDL) refuses to submit to chemical testing after allegedly operating any motor vehicle while under the influence of drugs or alcohol, Texas Transportation Code § 522.081(b)(3) states that he or she will be disqualified from driving a commercial motor vehicle for one year.


Back to top

Denton County Administrative License Suspension Hearings

If the Texas Department of Public Safety (DPS) receives a request for a hearing not later than 15 days after the alleged offender was notified of his or her license suspension or denial, then the State Office of Administrative Hearings (SOAH) will hold an administrative hearing. Under Texas Transportation Code § 724.041, this hearing is held not earlier than the 11th day after the alleged offender was notified of his or her license suspension or denial (unless the parties agree to waive this requirement), and the request for a hearing stays the suspension or denial until the date of a final decision.

The hearing is held by an administrative law judge employed by SOAH at a location designated by this office in the county of arrest if the county has a population of 300,000 or more or in the county in which the person was alleged to have committed the offense for which the person was arrested or not more than 75 miles from the county seat of the county of arrest if the population of the county of arrest is less than 300,000.


Back to top

Issues at Texas Administrative License Suspension Hearings

Texas Transportation Code § 724.042 states that the issues addressed at these hearings include whether:

  • Reasonable suspicion or probable cause existed to stop or arrest alleged offenders
  • Probable cause existed to believe that alleged offenders were operating motor vehicles in public places while intoxicated
  • Alleged offenders were  placed under arrest by officers and were requested to submit to taking of specimens
  • Alleged offenders refused to submit to the taking of specimens upon request of officers

According to Texas Transportation Code § 524.035, the suspension will be sustained if the administrative law judge finds that that reasonable suspicion to stop or probable cause to arrest the alleged offender existed and he or she was an adult who had an alcohol concentration of 0.08 or higher or a minor who had any detectable amount of alcohol in his or her system while operating a motor vehicle in a public place. However, if the administrative law judge does not find in the affirmative on each of these issues, then DPS will return the alleged offender's driver's license to him or her, reinstate the license and rescind an order prohibiting the issuance of a driver's license to the person.

An administrative law judge’s decision is final when it is issued and signed.


Back to top

Denton County License Suspension Hearing Resources

Denton County Courts — This website contains links to both County Courts at Law, the five County Criminal Courts, Probate Court, and County Court Administration. Certain pages contain links to forms, answers to frequently asked questions, and staff listings.

1450 East McKinney Street
Suite 1333
1st Floor
Denton, TX 76209-4524
(940) 349-2100

Texas Department of Public Safety (DPS) Administrative License Revocation (ALR) Program — This page provides an overview of the Administrative License Revocation (ALR) Program. You can find links to office locations, hearing requests, and periods of suspension.

820 North Loop 288
Denton, TX 76209
(940) 484-6661

400 Bolivar
Suite 101
Sanger, TX 76266
(940) 458-5164

State Office of Administrative Hearings (SOAH) — You can find office locations, scheduled hearings, and procedural rules on this website. There are also publications, reports, and Appraisal Review Board (ARB) forms.


Back to top

Find A License Suspension Hearings Lawyer in Lewisville

Has your license been suspended after you failed a DWI chemical test or refused to submit to testing? Denton County criminal defense attorneys Richard C. McConathy and Brian A. Bolton have more than two decades of experience helping clients all over North Texas with all aspects of drunk driving cases.

The Law Offices of Richard C. McConathy represents clients in and around Lewisville, including Flower Mound, Highland Village, The Colony, and Little Elm. We can review your case when you call 940-222-8004 to schedule a free, confidential consultation.

Free Consultation

All fields are required.

Our Office
Denton, TX
1308 Teasley Lane, Suite 116 Denton, TX 76205
View Map
Lewisville, TX
405 TX-121 a250 Lewisville, TX 75067
View Map
Dallas, TX
15110 N. Dallas Parkway Dallas, TX 75248
View Map
Primary office location in Dallas, TX
DWI Case Results
  • DWI Blood Test Case + Prescription Meds Dismissed (Cr200606211)
  • DWI Breath Test Case, Result Of .224 Dismissed (Mb0453171)
  • DWI Breath Test Refusal Not Guilty (005-84171-05, Ccl6)
  • DWI Breath Test Refusal Dismissed (1158539)
  • DWI, Open Container Dismissed (Mb0534487)
  • DWI, Accident + Open Container Not Guilty (M0524353)
  • DWI Dismissed, Refiled As Obstruction (M0460867)
  • 2nd DWI, Breath Test Refusal Dismissed (Mb-0262214-G Ccc6)
  • 3rd DWI Breath Test Refusal Dismissed (0913260d Cdc3)
  • Intoxication Assault, Breath Test Case, Result of .17 Dismissed (F09-52586)
  • DWI, Accident Not Guilty (M0538149)
  • DWI, Evading Police Not Guilty (M0640450)
  • DWI, Passed Out At The Wheel Not Guilty (Cr200707935)
View More Results
Client Testimonials

I can’t say enough great things about the attorneys at this law firm. Within a few months they had my case, which I thought I was going to lose, dismissed and put my life back on track. I would recommend their firm to anyone and everyone who is in need of legal help.

Leslie L. Denton County DWI

A few months before I moved out of Texas, I was arrested for DWI. The problem was I was building a new life in another state with greater opportunities. I needed to find an attorney to handle my special situation being an out of state client who also travels out of the country. My case was in Denton County, which I have heard is a very difficult county to deal with. Because of my job I was in need of special accommodations from the court so I would not lose my career. After several months of tough negotiations with the DA, Richard and Brian were able to finalize my case beyond my expectations. I would highly recommend this law firm to anyone who has run into some trouble anywhere they might get a DWI.

Stephanie C. Denton County DWI
Proud Members Of These Organizations:
Texas Criminal Defense Lawyers Association
Dallas Criminal Defense Lawyers Association