In Texas, as in all other states, driving is a privilege and not a right. The Texas Department of Public Safety (DPS) may revoke a person’s driver’s license if they commit certain offenses or are medically incapable of driving.
A Texas court may also revoke a person’s driver’s license. Revocation of a driver’s license means that the person’s privilege to drive a motor vehicle is terminated for a period of time. After this period of time has passed, the person must go through the steps required to get a new driver’s license, e.g., complete the required tests.
In Texas, the offenses of Driving with License Suspended (DWLS) and Driving with License Invalid (DWLI) are considered Class C misdemeanors. If a person has a prior conviction for DWLS or DWLI, they may face enhanced punishment for a second or subsequent offense.
When Can a Driver’s License Be Revoked?
Under Texas laws, a person’s driver’s license may be revoked for many reasons, including the following:
It is important to note that DPS may automatically revoke or suspend a person’s driver’s license for either a DWI or BWI arrest or a medical disability. If the Texas DPS is concerned that a person is medically incapable of driving, the Medical Advisory Board (MAB) will conduct an investigation.
The MAB will review the person’s medical records and other relevant information. Based on their investigation, the MAB will provide recommendations to the DPS. These recommendations may result in the suspension or revocation of an individual’s driving privileges.
If a person is arrested for DWI or BWI, they are offered a breath test or a blood test. The refusal or failure of this test leads to a suspension of a person’s driver’s license.
This type of suspension is called an Administrative License Revocation (ALR). An ALR is a civil process. In addition to license suspension, a person may face separate criminal DWI or BWI charges. Once a person’s driver’s license is revoked, it becomes an additional criminal offense to drive with that revoked license.
As noted above, driving with a revoked or suspended license in Texas is a criminal misdemeanor. Driving without a license, perhaps because a person has not gotten one yet, is a criminal misdemeanor in Texas.
What Are the Penalties for Driving with a Suspended or Revoked License?
The penalties for driving with a suspended or revoked license in Texas may vary depending on the circumstances of the case. For example, if the offender is over the age of 21 and:
- Refuses a sobriety test:
- First offense: 180-day suspension;
- Subsequent offenses: two-year suspension;
- Fails a sobriety test:
- First offense: 90-day suspension;
- Subsequent offenses: one-year suspension.
Different rules apply to a minor who refuses or fails a breath test or a blood test. After a person’s suspension, they must pay a fee and complete a series of forms prior to the driver’s license being reissued. A person’s driver’s license might be suspended due to a medical condition. If so, a person’s driver’s license may be reinstated if they can prove that their medical disability has improved or resolved.
If a person is caught driving with a suspended or revoked driver’s license, they may face a criminal charge. Typically, a first-time offender is charged with a Class C misdemeanor, which carries a maximum fine of $500.
However, if the case involves certain circumstances, the offender may face more harsh punishment, such as a year of jail time and up to $4,000 in criminal fines. These circumstances include:
- A repeat offender;
- An uninsured driver;
- A DWI, or BWI; or
- Involvement in an accident that causes serious injuries to another person.
How Does the State of Texas Prove I Drove on a Revoked License?
If a person is facing an ALR, they must request a hearing within 15 days of their arrest to contest their driver’s license suspension status. The hearing request postpones the suspension of the person’s driver’s license. If the person does not file an appeal within 15 days, they may not appeal the suspension.
At the ALR hearing, the Texas DPS must prove that the law enforcement officer had:
- Reasonable suspicion to stop the person or probable cause to arrest the person;
- Probable cause that the person was operating a vehicle or boat while intoxicated;
- The person was arrested and notified of the consequences of refusing or failing a sobriety test, both verbally and in writing; and
- The person was given a chance to undergo chemical testing and either refused or failed the test.
If the Texas DPS cannot prove one of these elements, the person’s driver’s license is not suspended or revoked. In criminal cases, a prosecutor must prove that a person operated a motor vehicle while their license was, in fact, revoked or suspended. Typically, the prosecution must also show that the person had notice of the suspension or revocation.
Can a Revoked License Be Reinstated?
Once the period of license suspension has ended, a person may have their driver’s license restored or reinstated. To do this, a person must file a request with the Department of Public Safety and supply proof of their auto insurance. The fee for this service may range from $100 to $125, depending on the reason for which the person’s license was suspended.
As of September 1, 2019, Texas repealed the Driver’s Responsibility Program. This program tracked driver’s traffic violations, assigned points to their driving records, and assessed fines to drivers who accrued or exceeded a certain number of points. If a person’s driver’s license was suspended under this program, their license should have been automatically reinstated on the date of termination of the program.
What Is an Occupational or Restricted License?
Texas is unique because it permits certain individuals who have had their driver’s license suspended to obtain an Occupational or Restricted Driver’s License. This type of license allows the individual to commute to work and back during the period in which their license is suspended.
This type of license allows a person to drive in order to complete necessary household duties. A person has to apply with the Texas Department of Public Safety in order to obtain this type of driver’s license.
An application for an occupational or restricted license requires the applicant to provide a description of the routes they will be driving as well as the days and times at which they will drive. An occupational license is not available for every person whose driver’s license has been suspended.
Some reasons make a person ineligible for a restricted license, including a suspension for medical reasons and for the failure to pay child support. It is important to consult one of the many qualified attorneys in Texas for more information regarding occupational licenses.
Are There Any Defenses to Driving While License Suspended?
Defenses are available for a charge of driving with a suspended or revoked license in Texas. Most of the defenses available involve the diver’s lack of knowledge of the suspension or revocation. For example, if the Texas DPS failed to send the individual a notice of the revocation or suspension, it may be a defense to DWLS.
Do I Need a Texas Lawyer for a Charge of Driving on a Revoked License?
Yes, it is essential to have the assistance of a Texas traffic violation lawyer if you have been charged with driving with a revoked license. Your driver’s license might have been suspended or revoked. In that case, you should consider appealing the decision of the DPS.
Your lawyer can guide you through the hearing process. In addition, if you are facing DWI or BWI charges, the DPS appeal may have an impact on your criminal charges. If you have any questions, such as concerns regarding the ticket cost for suspended licenses, a lawyer can help with those as well.
If you are charged with driving with a suspended license, you may be facing significant fines and even jail time. Your lawyer can advise you of your rights under Texas driving laws, help you prepare your case, and represent you at any hearing or in court.
It is even more important to have an attorney on your case if you are facing charges for a repeat offense, which has more severe consequences. There are LegalMatch attorneys in Texas who are available to review your case in all major cities, including Houston criminal law lawyers.
