LICENSE SUSPENSION


• A suspension period is generally a set suspension time with a beginning date and an ending date.

• A revocation or cancellation is an indefinite suspension period that requires the subject to comply/submit items to lift the revocation or cancellation of the license.

• A Disqualification disqualifies a person from operating a commercial motor vehicle, or applying for a commercial driver license. A person may still operate a non-commercial motor vehicle while under a disqualification. There is a beginning date and an ending date to the disqualification period and does not require reinstatement items to be submitted to the Department.

• A Deny Renewal means a person has been denied the renewal of their driver license or the issuance of a driver license if the person is not currently licensed, until the person submits or complies with a requirement.

• A Probation for a Departmental Suspension (i.e., Habitual Traffic Violations, Violate License Restriction) means a person's driver license suspension was probated. A probation period has a beginning date and an ending date and does not require reinstatement items to be submitted to the Department. The person is legally entitled to drive during this probationary period provided no other suspensions are in effect and the license is not expired.


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The Medical Advisory Board

A panel of physicians that are appointed by the Texas Department of State Health Services governs the Medical Advisory Board (MAB). A physician from the panel convenes to review possible medical conditions as they relate to the driving ability of reported Texas drivers. The physician reviews medical documentation submitted by the subject's personal doctor regarding the condition in question.

The Department of Public Safety acts in accordance with the medical findings of the Medical Advisory Board by enforcing the decisions of medically incapable or medically approved to drive. A person who is found medically incapable of safely operating a motor vehicle is subject to license revocation. TRC 521.294 (1)

A Texas driver may be reported to the Medical Advisory Board by physicians, family, friends, acquaintances, driver license field personnel, anonymously or by admission of a possible health condition that may interfere with the safe operation of a motor vehicle upon application or renewal for a Texas driver license. Family, friends and anonymous reports will be investigated by field personnel first. These reports may be kept confidential, unless the subject requests the document through an open records request. All records are subject to becoming open records if the person requests an administrative hearing.

If you wish to report a possible medical condition of a Texas driver, you must be able to identify the Texas driver with full name and date of birth or Texas driver license number. Please send your written concern to the Texas Department of Public Safety, PO Box 4087, Austin, TX 78773-0320, Attention: Driver Improvement Bureau. Note: Verbal notification is not sufficient information for the Department to take action.

In fiscal year 2005, the Medical Advisory Board acted on 8,433 cases that had been referred by the Department. Of that number 3,840 licenses were denied or revoked and 911 people were required to submit to a driving test.

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Habitual Violator Offenses and Consequences

The Department shall suspend the person's license if the Department determines that the person has received:

. At least four (4) convictions for moving traffic violations within a twelve (12) month period.

. At least seven (7) convictions for moving traffic violations within a twenty-four (24) month period. The person may contest the suspension of the license by requesting an Administrative Hearing. Should the driving privilege be suspended, a reinstatement fee will be required prior to the renewal or issuance of a drivers license.

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Child Support

Upon receipt of a notice of Revocation from the Attorney General's Office by the Department of Public Safety, DPS will take revocation action against a Texas driver licensee for failure to pay Child Support. The license will remain revoked until the Attorney General's Office submits an order vacating or staying the order of suspension. No reinstatement fee is required to reinstate driving privileges.

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Driving While Intoxicated Offenses and Consequences

Offenders convicted of Driving While Intoxicated who are 21 years of age or over, may be required to attend an authorized Alcohol Education Program, may be suspended, or may receive probation for their offenses.

. Probation: If convicted of DWI and granted probation, offender will be required to attend an Alcohol Education Program authorized by Texas Department of State Health Services unless the requirement is waived by the presiding judge. Completion of the program must be done within 180 days from date of conviction or revocation action will take place. A reinstatement fee will be required if the Texas license is revoked. [CCP Art. 42.12, Sect. 13 (h)]

. Suspension: The Texas driver license may be suspended for a period not to exceed two (2) years (first-time offenders). Suspension will continue beyond the mandatory term unless Safety Responsibility * requirements are fulfilled. [TRC 521.344]

Offenders convicted of Driving While Intoxicated who are under 21 years of age will receive a one (1) year driver license suspension in addition to the Safety Responsibility * requirements. An authorized Alcohol Education Program must be completed before the license may be reinstated. [TRC 521.342]

Under 21 DWI offenders may receive a ninety (90) day driver license suspension, with Safety Responsibility * requirements, only if a deep lung breath analysis mechanism and community service are also ordered by presiding judge. (A special license must be issued to drive with a deep-lung mechanism) [CCP 42.12 sec. 13 para. N]

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Drug Offenses and Consequences

Offenders convicted of a drug offense or controlled substance offense will receive a driver license suspension of 180 days. In addition to the suspension, the offender must comply with the Safety Responsibility * requirements and complete an authorized Drug Education Program through the Texas Commission on Alcohol and Drug Abuse. Failure to complete the program will result in a revocation of the license beyond the 180 days suspension until the Department receives a completion certificate.

Offenders who do not have a Texas driver license at the time of offense will be denied a Texas driver license for a period of 180 days. The Order of Prohibition (180 days) will begin upon first contact with DPS Driver License Personnel. Safety Responsibility * requirements will be in effect for this suspension. The SR-22 insurance certificate will be required for two (2) years from the date of conviction for the drug offense.

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Minor Alcohol Offenses and Consequences

Individuals under 21 years of age, which are convicted of the following offenses, will receive a 30-day suspension (1st offense) of the driver license. Second offenses will receive a 60-day suspension, while third offenses will be suspended for 180 days.

. Purchase of alcohol
. Attempt to purchase alcohol
. Consumption of alcohol
. Possession of alcohol
. Misrepresentation of age
. Public Intoxication by a minor

Offenders will also be required to attend an Alcohol Awareness Course approved by the Texas Department of State Health Services. Failure to complete the program will result in a 180-day driver license suspension. Subsequent offenses may result in a one (1) year suspension.

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Driving Under the Influence by a Minor

Under ABC 106.041, a minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. The minor will receive a license suspension authorized under TRC 524.022 of sixty (60) days for the first offense, 120 days for a second offense, 180 days for a third offense.

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Tobacco Awareness

An individual under 18 years of age who is convicted of possession, purchase, consumption or receipt of cigarettes or tobacco products must attend a tobacco awareness program approved by the Texas Department of Health. Failure to complete the program, within 90 days, could result in a suspension of the Texas driver license or privilege. The convicting court will notify the Department of a suspension, which is not to exceed 180 days. The Department will then notify the individual by certified mail of suspension dates.

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Safety Responsibility Requirements

Texas statute provides a Safety Responsibility Law or Evidence of Financial Responsibility Law, for individuals whose driver license or privilege has been suspended or revoked. In order to reinstate driving privileges, individuals are required to file and maintain insurance in the form of an SR-22, original copy, with the Department. SR-22 insurance is mandatory for a period of two (2) years from date of conviction. A reinstatement fee is also required with the SR-22. Within the two-year time frame, if the Department receives notice from the insurance company that insurance coverage has been canceled, suspension action will be taken.

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Our Law Offices are Located at:
Dallas Office
3141 Hood Street, Suite 600
Dallas, Texas 75219
Fort Worth Office
5601 Bridge Street, Suite 300
Fort Worth, Texas 76112
Plano Office
101 E. Park Blvd. Suite 600 Plano, TX 750742