Getting arrested for driving while intoxicated is a frightening experience, especially when your daily life depends on your ability to drive. If you’re facing this situation, one of your biggest concerns is probably about driving to work afterDWI charges hit you. You’re not alone—this is one of the most common (and immediate) worries people have after a DWI arrest in Texas. Losing your license doesn’t just affect your mobility—it can jeopardize your job, your income, and your future stability.
In this guide, we’ll walk through everything you need to know about driving to work after DWI. We’ll look at how license suspensions work, whether you can apply for an occupational license, the steps involved in the process, and real-life examples from people who’ve been through it. Our goal is to help you understand your options and act quickly—because when it comes to your license, time is everything.
Why a DWI Arrest Leads to License Suspension in Texas
Two Battles: Criminal Charges and Administrative Penalties
After a DWI arrest, most people assume the only fight is in criminal court. But in Texas, the moment you’re charged, you’re also up against a separate process called the Administrative License Revocation (ALR). This is a civil procedure run by the Texas Department of Public Safety (DPS) and can lead to an automatic suspension of your license—even before your criminal case is resolved.
You only have 15 days from the date of your arrest to request a hearing to contest this suspension. If you don’t, your license is automatically suspended after the 40th day. The length of the suspension depends on whether you failed a breath or blood test or refused one altogether.
So when people ask about driving to work after DWI, the answer often depends on whether they took action within those first critical two weeks.
Real-Life Example: Jamal’s Missed Deadline
Jamal, a 29-year-old HVAC technician in Houston, was pulled over and arrested for DWI on his way home from a coworker’s birthday party. He submitted to a breath test and blew a 0.10. After being released, he focused on getting a lawyer for his criminal case but didn’t realize he also needed to fight for his license separately.
By the time his attorney got involved, Jamal had missed the 15-day window to request an ALR hearing. As a result, his license was suspended for 90 days, and he had to rely on coworkers and public transit to get to job sites. That one misstep nearly cost him his job.
His story highlights why driving to work after DWI becomes so complicated—and why acting fast is crucial.
Can You Drive to Work After a DWI Arrest?
Occupational Licenses: A Path Back to the Road
If your license is suspended, Texas law allows you to apply for something called anoccupational license. Also known as an essential needs license, this restricted license permits you to drive to:
- Work
- School
- Court-ordered appointments
- Essential household duties (like grocery shopping or medical visits)
However, there are limits. You’ll be restricted to certain hours, routes, and purposes. Violating those terms can lead to criminal penalties or longer suspensions.
So, yes—you can be driving to work after DWI charges, but only if you qualify and follow the rules of your occupational license to the letter.
How to Apply for an Occupational License in Texas
Step-by-Step Breakdown
Applying for an occupational license involves several steps:
- Get your criminal record and driving history
- Secure SR-22 insurance, which is a high-risk coverage required by DPS
- Draft a petition to submit to the appropriate court (usually county or district)
- Include an essential needs affidavit—this explains your daily driving needs and schedule
- Attend a court hearing (some judges require in-person testimony)
- Receive a court order if approved
- File the court order and required documents with DPS
- Pay reinstatement and occupational license fees
This process can take several weeks, so the sooner you start, the sooner you’ll be driving to work after DWI disruption.
Real-Life Scenario: Erica’s Second Chance
Erica, a single mom from San Antonio, was arrested for DWI after picking up her son from a sleepover. She failed a field sobriety test but blew a 0.07 on the breathalyzer—just under the legal limit. Despite this, she was charged, and her license was suspended because she refused a blood draw.
Erica hired a lawyer who quickly filed for an occupational license. She submitted a detailed affidavit explaining her need to drive her son to school and herself to work as a dental assistant. The judge approved the license within 10 days, allowing her to keep her job and routine intact.
Her story is proof that while a DWI arrest is serious, driving to work after DWI is still possible if you act quickly and follow the legal process.
Restrictions of an Occupational License
Know the Rules Before You Get Behind the Wheel
Having an occupational license doesn’t mean you’re free to drive as you please. Here are some common restrictions:
- Time Limits: Most licenses allow 4 to 12 hours of driving per day, divided across two periods.
- Geographic Limits: You may only drive within a set radius or between specific destinations.
- No Commercial Driving: If you drive for a living (like a truck driver), you may not be eligible.
- SR-22 Insurance Requirement: You must maintain proof of high-risk insurance at all times.
- Driving Logs: You may be required to keep a written log of when and where you drive.
Violating these terms can result in jail time, an extended suspension, or loss of the occupational license. When it comes to driving to work after DWI, the key is following your court order to the letter.
What Happens If You Drive Without a License?
It’s Not Worth the Risk
Some people think they can “get by” without a license—especially for short drives to work. But driving on a suspended license in Texas is aClass B misdemeanor, which carries:
- Up to 180 days in jail
- Fines up to $2,000
- Additional license suspension time
- Mandatory court appearances
In other words, getting caught driving without proper authorization can make your situation much worse. Instead of taking that risk, pursue an occupational license or explore public transit or ride-sharing options temporarily.
If you’re serious about driving to work after DWI, do it the legal way.
How Long Does the Suspension Last?
Understanding Your Timeline
The duration of your suspension depends on several factors:
- First-time offender who failed the test: 90-day suspension
- First-time offender who refused the test: 180-day suspension
- Second or third DWI offense: 1 to 2 years
- Underage drivers: Varied timelines depending on circumstances
The ALR hearing can reduce or prevent suspension, but if you lose or don’t request a hearing, these default timelines usually apply. Fortunately, you may apply for an occupational license during the suspension period.
This is why understanding the timelines around driving to work after DWI is essential. Every day you wait could be another day off the road.
Will My Employer Find Out?
Maybe—But It Depends
Whether your employer finds out about your DWI depends on the nature of your job and how public your case becomes. Some factors to consider:
- Commercial drivers (CDL holders) must notify employers and cannot drive commercially with a suspended license.
- Jobs that require background checks may surface the arrest or occupational license.
- Occupational licenses are public records and could be discovered.
If you’re worried, consult with your attorney about what you’re required to disclose. But keep in mind—driving to work after DWI under the protection of an occupational license is much better than risking further legal trouble by hiding your status.
The Role of Your DWI Attorney
Why Legal Help Makes a Huge Difference
From filing paperwork to defending you in ALR hearings, your attorney plays a key role in keeping you on the road. A qualified DWI lawyer can:
- Challenge the suspension
- Request and represent you at the ALR hearing
- Draft a compelling occupational license petition
- Advise on timelines and compliance
- Help reinstate your license after suspension ends
Trying to handle this process on your own often leads to mistakes, delays, or even outright denials. If driving to work after DWI is a top priority for you—and let’s face it, it usually is—having legal guidance is worth every penny.
Final Thoughts on Driving to Work After DWI
A DWI arrest can shake up your life overnight—but it doesn’t have to end your independence. In Texas, driving to work after DWI is still possible through an occupational license, as long as you move quickly, follow the rules, and get legal support when needed.
The process may feel overwhelming, especially right after an arrest. But time is of the essence. Request your ALR hearing within 15 days. Gather the documents. File your petition. And if eligible, apply for that occupational license so you can stay on the road and keep your life moving.
Mistakes happen. What matters most is how you respond—and whether you take the steps to protect your future.
