Whether you can keep driving while your first DWI case is pending in Texas depends on whether your driver’s license has been suspended, whether you have a valid temporary driving permit, and whether any court order restricts your driving privileges. A pending DWI charge does not always mean your license is immediately suspended, but an arrest can trigger a separate administrative process that may affect your ability to drive before the criminal case is resolved.
San Antonio is one of Texas’s largest cities, known for its busy road network, major highways, and daily commuter traffic. Residents and visitors often rely on personal vehicles to travel to work, school, and other destinations across the metropolitan area.
Understanding what happens after a first DWI in San Antonio can help drivers recognize the licensing deadlines and legal requirements that may apply after an arrest.
A Pending Criminal Case Does Not Automatically Decide Your License Status
Texas handles a DWI charge and a driver’s license suspension through separate processes. The criminal case determines whether the person is guilty of driving while intoxicated. The administrative license process considers whether the person’s driving privileges should be suspended under state law.
As a result, someone may still have driving privileges while the criminal case is pending, but that depends on the circumstances of the arrest and any administrative action taken by the Texas Department of Public Safety (DPS).
Do not assume that your license remains valid simply because you have not appeared in criminal court. Check the paperwork provided after the arrest and confirm your current license status.
An Administrative Suspension May Begin Before Trial
After a DWI arrest, an officer may provide notice that the driver’s license is subject to suspension. This can happen when a driver fails or refuses a qualifying breath or blood test, subject to the applicable legal requirements.
Texas law provides a process called an Administrative License Revocation (ALR) proceeding. Under Texas Transportation Code Chapter 524, a driver may challenge certain administrative suspensions by requesting a hearing within the applicable deadline.
In many cases, the deadline to request an ALR hearing is 15 days after receiving notice. Missing the deadline can result in the suspension taking effect without the requested hearing. Carefully check the notice because the precise requirements and dates depend on the circumstances.
A Temporary Driving Permit May Be Available
Some drivers receive a temporary driving permit after an arrest. The permit may allow them to drive for a limited period while the administrative process is pending, but it does not guarantee that driving privileges will continue indefinitely.
Read the permit carefully and confirm its expiration date. If an administrative suspension takes effect, you generally cannot keep driving unless you have a valid legal authorization, such as an applicable occupational license.
Driving while your license is suspended can create additional legal problems, even if your original DWI charge has not yet been resolved.
An Occupational License May Help in Certain Situations
If your license is suspended, Texas law may allow you to seek an occupational driver’s license, which provides limited driving privileges for essential needs. Depending on the applicable rules and court orders, permitted travel may include commuting to work, attending school, or completing essential household duties.
An occupational license is not automatic. Eligibility, restrictions, required documents, and any applicable waiting periods must be reviewed. If granted, you must follow the order’s conditions, which may restrict when, where, and why you can drive.
Follow Every Requirement While the Case Is Pending
Keep copies of your arrest paperwork, license notices, court documents, and any temporary permits. Confirm your driving status with the appropriate authorities rather than relying solely on verbal explanations.
You should also attend all required court hearings and comply with any bond conditions. A court may impose restrictions that are separate from the administrative license process. Violating those conditions can create additional consequences.
Key Takeaways
- A pending first DWI case does not automatically mean your license is suspended.
- An administrative suspension can occur before the criminal case is decided.
- Texas drivers may need to request an ALR hearing within 15 days of receiving notice.
- Temporary permits have specific limits and expiration dates.
- An occupational license may provide restricted driving privileges if you qualify.
- Confirm your current license status before driving and follow all court orders.
