Section 524.042. Stay of Suspension on Appeal

(a) A suspension of a driver’s license under this chapter is stayed on the filing of an appeal petition only if:

(1) the person’s driver’s license has not been suspended as a result of an alcohol-related or drug-related enforcement contact during the five years preceding the date of the person’s arrest; and

(2) the person has not been convicted during the 10 years preceding the date of the person’s arrest of an offense under:

(A) Article 6701l-1, Revised Statutes, as that law existed before September 1, 1994;

(B) Section 19.05(a)(2), Penal Code, as that law existed before September 1, 1994;

(C) Section 49.04, Penal Code; 

(D) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle; or

(E) Section 106.041, Alcoholic Beverage Code.

(b) A stay under this section is effective for not more than 90 days after the date the appeal petition is filed. On the expiration of the stay, the department shall impose the suspension. The department or court may not grant an extension of the stay or an additional stay.