Transportation Code · ch. 524

DWI Procedure

DWI Procedure is covered under ch. 524 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Civil/administrative process by DPS; Independent of criminal prosecution; Failure (BAC ≥ legal limit): 90-day first / 1-year subsequent; Refusal: 180-day first / 2-year subsequent.

Elements you must prove

  • Civil/administrative process by DPS
  • Independent of criminal prosecution
  • Failure (BAC ≥ legal limit): 90-day first / 1-year subsequent
  • Refusal: 180-day first / 2-year subsequent

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Worked examples

Worked example 1

Administrative License Revocation (ALR) under Tex. Transp. Code ch. 524 is:

  1. A criminal sanction
  2. A civil license suspension administered by DPS, separate from any criminal DWI prosecution; typically 90 days for failure (BAC ≥0.08) or 180 days for refusal (first offense) Correct
  3. Imposed by the DA
  4. Part of the criminal DWI sentence
Why: ALR is a civil/administrative license suspension separate from criminal DWI. A driver may request a hearing within statutory time. Failure (BAC at or above limit): 90-day suspension first offense. Refusal: 180-day suspension first offense.
Statute: Tex. Transp. Code ch. 524 (failure); ch. 724 (refusal)