Texas Drivers License Suspension
Why is My Drivers License Suspended?
How can I reinstate a suspension?
Is Your Drivers License Suspended?
Many people are driving with a suspended or invalid Driver's License. Some are driving without even knowing of the suspension. The first step is to determine if and why your Driver's License is suspended. If you received a letter detailing your suspension from DPS, then that's a good place to start. If you have not received a letter, check your Driver's License eligibility by going to the DPS website - click here.
Why Is My Drivers License Suspended?
A suspension is the temporary removal of a license (driving privilege). Suspensions fall into two categories: mandatory and discretionary.
Convictions of these offenses will result in automatic suspension of one's driving privilege. Examples of offense types which may lead to a mandatory suspension:
- Overtaking and passing a school bus (subsequent conviction).
- Causing death or serious injury to anyone while operating a motor vehicle.
- Driving under the influence of alcohol or other drugs.
- Any offense punishable as a felony under the motor vehicle laws of Texas.
- Failure to stop and render aid.
- Displaying or possessing a driver's license or identification card that is fictitious or altered.
- Drug convictions.
- Displaying a driver's license or identification certificate not belonging to the person displaying it or lending a license or ID card to someone else.
- Possessing more than one valid driver's license or identification card.
- Making, selling, or possessing a document deceptively similar to a driver's license or identification card issued by the Texas Department of Public Safety.
- Intoxication manslaughter or assault.
- Boating while intoxicated.
- Evading arrest.
- Driving while license is invalid.
- Providing false information or documents when applying for a driver's license.
- Fictitious license plate, registration certificate, or safety inspection sticker.
- Fraudulent government records.
In addition, persons under age 21 will also have their licenses suspended for convictions of the following offenses (does not apply to misdemeanor offenses punishable by fine only):
- Alcoholic Beverage Code offenses:
- --Minor in possession.
- --Attempt to purchase alcohol by a minor.
- --Purchase of alcohol by a minor.
- --Consumption of alcohol by a minor.
- --Misrepresentation of age by a minor.
- Health and Safety Code violations, such as failure to complete an alcohol or tobacco awareness class when required.
- Family Code violations:
- --Delinquent conduct by a minor or juvenile.
The Department of Public Safety has the authority to suspend the license of any driver, after proper hearing, for the following reasons:
- Driving with license suspended.
- Causing a serious accident while driving.
- Becoming incompetent to drive.
- Repeated violation of traffic laws:
- 4 or more convictions for moving violations occurring separately within any 12-month period or 7 or more within any 24-month period.
- Habitual reckless or negligent driving.
- Violating a driver's license endorsement requirement.
- Failure to comply with the terms of a citation issued by another state that is a member of the Nonresident Violator Compact of 1977.
- Failure to complete a DWI Education Program within 181 days, if completion is a term of the probation upon conviction of DWI.
- Failure to take or pass an examination when requested.
- Fleeing or attempting to flee a police officer.
- Two or more convictions for violating a driver license restriction.
- Failure to complete a repeat offender alcohol education program as required when convicted of DWI.
- Failure to complete a drug education program as required upon conviction of a drug offense.
- Failure to provide medical information when requested.
- Committing an offense in another state, which if committed in Texas would be grounds for suspension or revocation.
- Failure to stop for a school bus (second conviction).
- Violation of a probation order set by a previous hearing.
Court Ordered Suspension / Revocation / Cancellation
The Department of Public Safety shall, upon receipt of an order from the court, suspend, revoke, or cancel the license for the following reasons:
- Mental incapacitation or chemical dependency.
- Delinquency in payment of child support.
- Requirement for a deep lung breath analysis mechanism (interlock device).
- Failure to repay any overpayment of food stamps or financial assistance.
- Failure to renew annually – classified sex offender.
Revocation is the termination of a driver license or driving privilege for an indefinite period of time. Driving privileges may be restored when all requirements for the revocation have been satisfied.
Under the privilege system, a driver license will be denied if any of the following apply:
- Suspension/revocation/cancellation/disqualification status in Texas, another state, or Canadian province.
- Physical or mental incapacity that prevents the safe operation of a motor vehicle.
Violation of License Restriction
Violation of a license restriction – a condition or requirement – placed on your license by the DPS may result in the suspension or revocation of your driving privileges.To check your driver eligibility with Texas DPS, click here.
How Can I Reinstate a Suspension?
Driver license reinstatement can vary, depending on the reason for the suspension. Certain suspensions only require the payment of reinstatement fees after the suspension period is over. Court ordered suspensions may require a clearance from the court. Suspensions as a result of a DWI or DUI conviction, any Drug conviction, Implied Consent violation or Mandatory Insurance violation require the filing of an SR-22 certificate with MVD and payment of driver license reinstatement fees after the period of suspension is over and in many situations a required Drug Education Program class certificate.
In many cases, reinstating a suspended Driver's License can be tricky and complicated. It may be best to hire a lawyer that can help you through the DPS maze.
Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.
Free initial consultations and reasonable fees. Personal payment plans available and most major credit cards accepted. Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.
Conveniently located on the Montgomery County Courthouse square since 1983.
For more information on Texas Drivers License Suspension Contact Gilbert Garcia today at 936-756-3333.