By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522
www.rosenthalwadas.com

It would be generous to say Texas law on driver’s license suspensions is difficult to piece together. This article is inspired by the countless times sitting in a docket room full of attorneys or digging through pages of the transportation code with a judge unable to come up with a simple answer to a driver’s license question. The following details the source of almost every type of license suspension in Texas and the corresponding suspension period.

SUSPENSION OF LICENSE FOR DWI CONVICTION – TRANSP. CODE 521.344
I start with DWI suspensions here, out of order, because they are perhaps the most common license suspensions and by far the most confusing. In Texas, a person’s license can be suspended under two scenarios in a DWI case: (1) as a result of what happens with the breath test, and (2) as the result of a conviction. Typically people do not suffer license suspensions as the result of a conviction because such suspensions apply only in the case of sentences which are not probated (in cases not involving probation). Nonetheless, there are times when people cannot avoid jail or even elect jail over probation in their DWI case. When that happens, the following license suspensions apply.

• First Offense: 90 days – 1 year
• Second Offense: 180 days – 2 years
• Two Offenses Within 5 Years: 1 year – 2 years
• Two Offenses Within 5 Years Requires Deep Lung Device the court must order a deep lung device installed on the vehicle for a period equal to one additional year longer than the applicable suspension.
• Credit for ALR Suspension: the court is required to give credit toward a suspension under this section for any time served as the result of a suspension for refusing to give a specimen of breath or blood (discussed below). Credit does not apply to a person who has been previously convicted of DWI.

ALR SUSPENSION OF LICENSE FOR REFUSAL OR FAILRUE OF BREATH TEST
As noted above, this is the other scenario under which a license may be suspended in a DWI case. Following a DWI arrest, an officer will ask an individual to submit a specimen of breath or blood. The arrested person’s decision usually triggers one of the following suspensions.

• Refusal: 180 days for a first offense and 2 years if a previous DPS drug/alcohol action has been taken in the past 10 years. Tex. Transp. Code 724.035
• Failure: 90 days for a first offense and 1 year if a previous DPS drug/alcohol action has been taken in the past 10 years. Tex. Transp. Code 724.022

DWI SUSPENSIONS AND OCCUPATIONAL LICENSES – TRANSP. CODE 521.251
A person may apply for an occupational driver’s license under almost every provision authorizing a suspension of a license. However, a person whose license is suspended as the result of a DWI may be facing a harsh waiting period (also known as a hard suspension). The following are the occupational license waiting periods in DWI cases.

• 1 prior DWI enforcement within 5 years 90 day waiting period.
• 1 prior DWI conviction within 5 years 180 days.
• 2 prior DWI convictions within 5 years 1 year.

Note: it is not clear from the language of the statute whether these waiting periods apply strictly to occupational license relief from ALR suspensions or both ALR suspensions and conviction suspensions.

AUTOMATIC LICENSE SUSPENSIONS – TRANSP. CODE 521.341
This section of the Transportation Code enumerates several offenses which will trigger a license suspension automatically. Strangely, there are about a dozen other separately codified automatic suspensions in Chapter 521 of the Transportation Code. Nonetheless, a driver’s license will be automatically suspended upon final conviction for the following offenses.

1. Criminally Negligent Homicide involving the use of a motor vehicle.
2. Evading Arrest or Detention in a vehicle.
3. DWI Convictions (discussed in detail above)
4. Intoxication Assault involving a motor vehicle.
5. Any offense classified as a felony under the Transportation Code.
6. Leaving the Scene of an Accident.
7. Possession of a Fictitious/False I.D.
8. Manslaughter involving the use of a motor vehicle.

Period of Suspension: 1 year generally, 18 months for subsequent suspensions, 90 days – 1 year for False/Fictitious I.D.

SUSPENSION FOR GRAFITTI – TRANSP. CODE 521.320
A court may order the DPS to suspend a person’s driver’s license upon conviction of a graffiti offense under Section 28.08 Penal Code.
Period of Suspension: 1 year.

ALCOHOL/DRUG OFFENSES OF PERSONS UNDER 21 – TRANSP. CODE 521.342

• Manufacture Delivery Possession Transportation or Use of an Alcoholic Beverage by a Minor.
• Possession of Drug Paraphernalia and other offenses relating to the possession of drugs.
• Possession, Manufacture, Delivery, Transportation of a Dangerous Drug.
• Possession, Manufacture, Delivery, Transportation of an Abusable Volatile Chemical.
• Driving While Intoxicated Conviction (regardless of whether probated).

Period of Suspension: 1 year.

JUVENILE COURTS AND MINORS WITH ALCOHOL – TRANP. CODE 521.345
A Court must order DPS to suspend the license of a juvenile who is adjudicated guilty of a crime by a district court. Similarly, the following alcohol offenses of minors can potentially involve a driver’s license suspension: Public intoxication, Purchase of Alcohol by Minor, Attempted Purchase of Alcohol by Minor, Minor in Consumption, Minor Driving Under the Influence Minor in Possession, and Misrepresentation of Age by Minor. Minors who are placed on deferred disposition are required to show proof of completion to the court within 90 days of their “conviction.” Failure to do so results in a license suspension.
Period of Suspension:

• Juvenile Court not to exceed 1 year.
• Alcohol Offenses of Minors not to exceed 6 months for a single offense not more than a year for multiple offenses.

JUVENILE CONTEMPT IN MUNICIPAL/J.P. COURT – TRANSP. CODE 521.3451
When a juvenile fails to pay a Class C fine, in lieu of going to jail, a municipal or justice court must take other action. One way in which these courts may enforce a fine is by ordering a juvenile’s license suspended.
Period of Suspension: until the fine is paid.

SUSPENSION FOR POSSESSION OF A FAKE I.D. – TRANSP. CODE 521.346
A person convicted for possessing or using a fake identification is subject to a license suspension.
Period of Suspension: 90 days – 1 year.

USE OF FAKE INSPECTION OR REGISTRATION – TRANSP. CODE 521.3465
A license is automatically suspended upon final conviction of “Display of Fictitious Vehicle Registration” or “Displaying False Safety Inspection.”
Period of Suspension: 180 days.

REVOCATION FOR TAMPERING WITH GOV. RECORDS – TRANSP. CODE 521.3466
A license is automatically revoked upon a final conviction for “Tampering With Government Records,” if the record was a motor vehicle license plate, registration or safety inspection certificate. It is important to note that this is a revocation and not a suspension. A person with a revoked license is not eligible to petition the Court for an occupational license and must reapply for a license once the revocation is lifted.
Period of Revocation: 2 years.

REVOCATION FOR CERTAIN SEX OFFENDERS – TRANSP. CODE 521.348
Registered sex offenders who fail to follow yearly renewal requirements.
Period of Revocation: until in compliance.

SUSPENSION FOR STEALING GAS – TRANSP. CODE 521.349
A person’s license is automatically suspended upon final conviction for a “Theft” offense which involves an affirmative finding that the theft involved theft of motor vehicle fuel.
Period of Suspension: 180 days for a first offense, 1 year for subsequent offenses.

SUSPENSION FOR RACING ON A HIGHWAY OR STREET – TRANSP. CODE 521.350
A person’s license is automatically suspended upon final conviction of “Racing on a Highway.” A person who’s license is suspended under this subsection is required to perform at least 10 hours of community service before the suspension is lifted. An individual under 18 convicted of Racing on a Highway is not eligible to petition the court for an occupational driver’s license.
Period of Suspension: 1 year.
Potential Revocation: a person’s license is revoked for a year if they drive without an occupational license during the period of suspension.

PURCHASING/FURNISHING ALCOHOL TO A MINOR – TRANSP. CODE 521.351
A person’s license is automatically suspended upon final conviction for “Purchasing or Furnishing Alcohol to a Minor.”
Period of Suspension: 180 days for a first offense, 1 year for subsequent offenses.

LICENSE SUSPENSION FOR CERTAIN DRUG OFFENSES – TRANSP. CODE 521.372
A person’s license will automatically be suspended for any drug offense, any offense falling under the Controlled Substances Act and any Felony under 481, Health and Safety Code that is not a drug offense. This includes not only possession of drugs but possession of drug compounds, possession of paraphernalia and even falsification of drug tests.
Period of Suspension: 180 days.
Indefinite Suspension: A person convicted of a drug offense will not be eligible for license reinstatement until completion of a Drug Offender Education Course (regardless of the applicable suspension period).

DPS DETERMINATION OF LICENSE SUSPENSION – TRASNP. CODE 521.292
Outside of the arena of automatic suspensions which arise from convictions of enumerated offenses, the Department of Public Safety may declare certain conduct worthy of a license suspension. Under the following scenarios, our legislature has delegated authority to DPS to unilaterally declare license suspensions.

• Operating a motor vehicle during a period of suspension
• Habitually reckless or negligent operation of a motor vehicle
• Habitual violator of traffic law, meaning: 4 or more moving violation convictions in 12 consecutive months or 7 or more moving violation convictions in 24 months.
• Permitting unlawful or fraudulent use of a license
• Committing an offense in another state that would be grounds for suspension
• Two or more convictions of a violation involving a restriction on the license
• Being the responsible party for an accident involving serious injury or property damage
• Under 18 years with a provisional license with 2 or more traffic convictions in 12 months
• Fleeing from police in a motor vehicle

Period of Suspension: generally, 90 days. Driving during a period of suspension carries a suspension equal to the lesser of 1 year or the term of original suspension.
Right to a Hearing: a person who receives a license suspension based on one of the 9 factors listed above is entitled to a hearing on the license suspension. The hearing takes place at a justice or municipal court and DPS has the burden of proving that a license suspension is proper. In many cases, the judge can probate the license suspension which has the effect of negating the suspension altogether.

FAILURE TO APPEAR IN MUNICIPAL COURT – 37 TEX. ADMIN. CODE 15.114
If a person fails to appear in court or pay a fine ordered by a municipal court, DPS may deny license issuance until compliance with the municipal court.

FAILURE TO PAY SURCHARGES – TEX. TRANSP. CODE 708
Convictions of certain offense may trigger a requirement to pay DPS yearly surcharges. Failure to pay or remain current on an installment plan will result in a license suspension. Note: failure to pay surcharges is no longer a basis for denying an occupation driver’s license.
Period of Suspension: indefinite – until payment or installment is current.

SUSPENSION FOR INSURANCE CONVICTIONS – TRANSP. CODE 601
DPS will suspend the license of a person convicted of Failing to Maintain Financial Responsibility (No Insurance) who has at least one previous conviction for the same offense. This suspension may be lifted by filing an SR-22 insurance policy for 2 years with DPS.
Period of Suspension: until insurance is filed with DPS.

OTHER SUSPENSIONS
There are various other suspensions scattered throughout Texas Law. This is a comprehensive but by no means an exhaustive list of Texas license suspensions. Other

• suspensions under the law include:
• Suspensions for failure to pay child support.
• Suspensions for minors failing to attend school.
• Suspensions for failure to report a motor vehicle accident.
• License revocations for inability to drive safely.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.