How to get your license back after a DUI in Texas
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Texas Department of Public Safety lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Complete the court-required Alcohol Education Program and submit evidence to DPS within 180 days
DPS states a court may require completion of an Alcohol Education Program (a 12-hour DWI Intervention Program or a 32-hour DWI Repeat Offender Program; a 12-hour class if granted probation) and that evidence of completion must be submitted to the Department within 180 days of conviction or the license will be revoked, with a reinstatement fee then required.
What the source says
“Evidence of completion of the appropriate Alcohol Education Program must be submitted to the Department within 180 days from date of conviction or the driver license will be revoked. A Reinstatement fee will be required if the driver license is revoked;”
- 2
Serve the driver license suspension and pay the $100 reinstatement fee
DPS states an adult DWI conviction may carry a suspension not to exceed two years and a $100 reinstatement fee, in addition to any other outstanding fees; DPS separately lists a $125 fee for an Administrative License Revocation (breath/blood test refusal or failure) from the same arrest.
What the source says
“Serve a Driver license suspension for a period not to exceed two years and pay a $100 Reinstatement fee , in addition to paying any other outstanding fees;”
- 3
Obtain an SR-22 Financial Responsibility Insurance Certificate and maintain it for two years
DPS states an SR-22 from an authorized insurance company is required and must be maintained for two years from the date of conviction.
What the source says
“Obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company (an SR-22 must be maintained for two years from the date of conviction.)”
- 4
Install an ignition interlock device (where ordered) and apply for an Interlock Restricted driver license
DPS states that where an interlock is ordered as a condition of driving, the person must apply for an Interlock Restricted driver license (statutory fee $10 under Tex. Transp. Code § 521.2465) and pay outstanding reinstatement fees; installations must be performed by Department-certified service centers.
What the source says
“Install an ignition interlock device on your vehicle as a condition of driving. You will be required to apply for an Interlock Restricted driver license to be eligible to drive.”
- 5
Check the License Eligibility page and submit compliance documents and fees to DPS
DPS states the License Eligibility webpage shows what is needed to reinstate, including fees owed; fees may be paid online (processing 24-48 hours) and remaining compliance items submitted by mail, fax or email in PDF format (allow 21 business days). Once all items are processed and the mandatory suspension has ended, the eligibility status updates to 'eligible'.
What the source says
“If your Texas driver license or driving privilege has been suspended, revoked, cancelled or denied, you must visit the license eligibility webpage to determine what you will need to submit to the Department for reinstatement.”
- 6
Have the interlock requirement removed from the driver record on a court order
DPS states the interlock can only be removed upon receipt of a sealed court order or a vendor removal form signed by a judge or county clerk, and the documentation must be submitted to DPS to remove the requirement from the license (allow 21 business days).
What the source says
“The ignition interlock can only be removed upon receipt of a court order with a court seal or vendor removal form signed by a judge or county clerk. To have the ignition interlock requirement removed from your driver license, submit the necessary documentation to the Department”
Official reinstatement page: Texas Department of Public Safety
Conditions that travel with reinstatement
| Reinstatement fee | $100 |
|---|---|
| SR-22 / financial-responsibility filing | Yes · 2 years — details |
| Ignition interlock | Texas interlock rule |
| Required program | DWI Education Program (Alcohol Education Program regulated by the Texas Department of Licensing and Regulation; Tex. Code Crim. Proc. art. 42A.403) |
| Driving during the suspension | Occupational driver's license (Tex. Transp. Code §§ 521.241-521.253); Interlock Restricted driver license (§ 521.2465) |
Required program: DWI Education Program (Alcohol Education Program regulated by the Texas Department of Licensing and Regulation; Tex. Code Crim. Proc. art. 42A.403)
Under art. 42A.403(a), a judge placing a DWI defendant on community supervision must require completion, before the 181st day, of an educational program for persons who have driven while intoxicated that is regulated by TDLR under Government Code Chapter 171; the judge may waive or extend for good cause. DPS states approved classes (12-hour DWI Intervention or 32-hour Repeat Offender programs) may be located through TDLR, and evidence of completion must reach DPS within 180 days of conviction.
“successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation”
Driving during the suspension: Occupational driver's license (Tex. Transp. Code §§ 521.241-521.253); Interlock Restricted driver license (§ 521.2465)
DPS states a person suspended in addition to an interlock requirement may be eligible for an Occupational driver license by applying to the county court or justice of the peace court; documentation to DPS includes a certified copy of the petition, a signed and stamped court order with allowable hours and counties, an SR-22, all reinstatement fees owed, and the occupational license fee ($10 for 1 year or $20 for 2 years). The court order acts as a temporary permit for 45 days. Under § 521.246(a)(2), after a DWI conviction the judge shall restrict the person to interlock-equipped vehicles (waivable under (b-1)), and DPS states an occupational license after an ALR suspension or DWI conviction is issued with an interlock restriction.
“When someone receives an ALR suspension or is convicted of a DWI, the occupational license will be issued with an interlock restriction regardless of whether or not the court order has an interlock requirement, in accordance to Code of Criminal Procedure, Subchapter A, Article 42A.407.”
When the interlock can be removed
Court-controlled, term-based; no violation-free window stated. For an occupational license, Tex. Transp. Code § 521.246(d) requires the device to remain for the duration of the suspension unless the court finds good cause for removal and that the device is not necessary for community safety; under § 521.2465(b) DPS issues an unrestricted license on a court order removing the restriction or at the end of the suspension. As a community-supervision condition, art. 42A.408(f) requires the device to remain for not less than 50 percent of the supervision period. DPS states the interlock can only be removed on a sealed court order or a vendor removal form signed by a judge or county clerk, and the requirement is removed from the driver record on submission of that documentation (allow 21 business days). No removal fee cap found; vendor minimum standards are set by DPS rule under § 521.2476.
Compliance period: none stated (court-ordered term: duration of suspension for an occupational license; not less than 50 percent of the community-supervision period)
“The court shall order the ignition interlock device to remain installed for the duration of the period of suspension, unless the court finds: (1) good cause for the removal of the device; and (2) the device is not necessary for the safety of the community.”
Questions about reinstatement in Texas
- What does Texas DPS list for an adult DWI conviction?
- The DPS Alcohol-Related Offenses page states a court may require one or all of: completing an Alcohol Education Program (evidence to DPS within 180 days of conviction), serving a suspension of up to two years and paying a $100 reinstatement fee, obtaining an SR-22 maintained for two years from conviction, serving probation, and installing an ignition interlock with an Interlock Restricted driver license.
- How does a Texas driver find out what is needed to reinstate?
- DPS states the License Eligibility webpage shows what must be submitted for reinstatement, including any fees owed. Fees can be paid online (processing 24-48 hours) or by mail; remaining compliance documents are submitted by mail, fax or email in PDF format with name, date of birth and license number, allowing 21 business days for processing.
- When can an ignition interlock be removed in Texas?
- DPS states the interlock can only be removed on receipt of a sealed court order or a vendor removal form signed by a judge or county clerk. Under Tex. Transp. Code § 521.246(d) the device remains for the duration of the suspension unless the court finds good cause and no safety need; under § 521.2465(b) DPS issues an unrestricted license on a court order removing the restriction or when the suspension ends.
Sources
- Texas DPS - Alcohol-Related Offenses (DWI for Adults requirements)
- Texas DPS - Reinstating your Driver License or Driving Privilege
- Texas DPS - Ignition Interlock Devices (restricted interlock license; removal)
- Texas DPS - FAQ Section 7: Reinstatement Fees and Special Licenses
- Texas DPS - FAQ Section 12: Occupational License
- Tex. Transp. Code ch. 521 (incl. §§ 521.242-521.2465 occupational license and interlock) - Texas Legislative Council file server
- Tex. Code Crim. Proc. ch. 42A (arts. 42A.403 educational program; 42A.408 ignition interlock) - Texas Legislative Council file server
- TDLR - Drug and Alcohol Education Programs (court-ordered DWI Education course search)