Texas DWI license suspension — Transportation Code § 521.341
Texas DWI license suspension is a criminal offense under Transportation Code § 521.341. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Civil and administrative — separate from DWI criminal sentence
Punishment range: 90 days to 1 year for first DWI conviction; 180 days to 2 years for repeat DWI; up to 2 years for certain felony DWI offenses
The controlling statute
Texas Transportation Code § 521.341 governs the post-conviction license suspension that follows a DWI conviction under Penal Code Chapter 49. This suspension is separate from administrative license revocation (ALR) under Chapter 524 — ALR comes from the arrest stage based on refusal or BAC; § 521.341 suspension flows from the conviction itself. The court enters the suspension as part of the criminal judgment, and DPS implements it through the licensing system. Periods stack with prior ALR time in some cases and run concurrently in others.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 521.341 |
| Cluster | Transportation |
| Classification | Civil and administrative — separate from DWI criminal sentence |
| Range | 90 days to 1 year for first DWI conviction; 180 days to 2 years for repeat DWI; up to 2 years for certain felony DWI offenses |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 521.341 charge, the State must prove every element beyond a reasonable doubt:
- Defendant was convicted of an offense listed in § 521.342 (DWI, intoxication assault, manslaughter, etc.)
- Court entered an order of suspension as part of the judgment
- Suspension period falls within statutory ranges
- Defendant received notice of suspension via judgment
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every DWI License Suspension case:
- Challenge underlying DWI conviction through appeal or post-conviction relief
- Argue for credit for time already suspended under ALR (§ 521.344(d))
- Move for community supervision in lieu of suspension under Article 42A.401
- Petition for occupational driver license under § 521.242 to restore limited driving
- Request shortest statutory suspension period at sentencing
- Negotiate plea to obstruction or other non-DWI offense to avoid § 521.341 trigger
Enhancements & collateral consequences
Suspension increases for repeat DWI offenders under § 521.342 — 180 days minimum for second offense, longer for third or subsequent. Intoxication assault and intoxication manslaughter trigger longer suspensions and additional requirements. CDL holders lose commercial driving privileges for one year on first offense and lifetime on second (with limited reinstatement after ten years).
Key Legal Terms
- Post-Conviction Suspension (§ 521.341)
- License suspension imposed by court as part of DWI criminal judgment; distinct from ALR civil suspension.
- ALR Credit (§ 521.344(d))
- Statutory credit applying ALR suspension time toward post-conviction suspension arising from the same incident.
- CDL Disqualification (§ 522.081)
- Federal-mandated commercial license disqualification — 1 year first offense, lifetime second — that cannot be restored by ODL.
Frequently Asked Questions
How long is my license suspended after a Texas DWI conviction?
Does ALR time count toward my conviction suspension?
Can I drive at all during the suspension?
What if I have a CDL?
Can I get the suspension reduced?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with DWI License Suspension? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060