Last Updated on June 18, 2025 by Beltz Law Group
Beltz Law Group
Texas Driver License Suspensions: Understanding Your Rights and How to Fight Them
If you’ve received a letter from the Texas Department of Public Safety (DPS) regarding the potential suspension of your driving privileges, it’s crucial to understand your rights and take immediate action. Driving in Texas is considered a privilege, not a right, and that privilege can be taken away. This article explains the driver’s license suspension process in Texas and how to request a hearing to contest it. If you would like to discuss your driver’s license suspension issue with our experienced team of lawyers in North Texas, feel free to contact our office at 214-321-4105.
What Triggers a Driver License Suspension in Texas?
The Texas Department of Public Safety (DPS) can suspend your driver’s license for various reasons, including:
- Traffic Ticket Convictions: Accumulating too many traffic ticket convictions within a certain timeframe. (e.g., four or more moving violations in 12 months, or seven or more in 24 months).
- Driving While Intoxicated (DWI): A DWI arrest or conviction can lead to an automatic license suspension, even for a first offense.
- Failure to Provide Insurance: Driving without valid auto insurance can result in a license suspension.
- Drug Offenses: Certain drug-related convictions can lead to a license suspension.
- Failure to Pay Surcharges (for offenses prior to Sept 1, 2019): While the Texas Driver Responsibility Program and its associated surcharges were repealed in 2019, unpaid surcharges for offenses committed before that date can still trigger a suspension.
- Medical Revocation: If a doctor reports you have a medical condition that makes you unsafe to drive.
- Other Offenses: Various other violations, such as driving without a valid license, can also lead to suspension.
Driver License Suspension Lawyer
The Importance of the “Enforcement Action Letter”
Before your driver’s license is suspended, the DPS is legally required to notify you. This notification comes in the form of a letter, often referred to as an “enforcement action letter.” This letter is extremely important, and you should treat it with utmost urgency.
The enforcement action letter will:
- State the reason for the proposed suspension: It will explain why the DPS believes your license should be suspended (e.g., traffic ticket accumulation, DWI arrest).
- Outline your right to a hearing: The letter will clearly state that you have the right to request a hearing to contest the suspension.
- Provide a deadline for requesting a hearing: This is the most critical piece of information. The letter will specify a limited timeframe within which you must request a hearing. If you miss this deadline, your license will be automatically suspended without any further opportunity to fight it.
It is imperative that you act immediately upon receiving this letter. Do not delay.
Ensuring DPS Has Your Correct Address
The DPS is only required to send the enforcement action letter to your last known mailing address as it appears in their records. It is your responsibility to ensure that the DPS has your current and correct address.
If your address is not correct with the DPS, you should update it immediately. You can typically do this online through the DPS website or by completing and submitting a “change of address” form. Failure to keep your address current with the DPS is not a valid excuse for missing the hearing request deadline.
Driver License Suspension Hearing
Requesting a Driver License Suspension Hearing
To request a hearing to contest the suspension, you must follow the instructions provided in the enforcement action letter. This typically involves:
- Submitting a written request: You will likely need to send a written request for a hearing to the DPS. The letter will provide the specific address to which you must send this request.
- Meeting the deadline: Your request must be postmarked or received by the DPS before the deadline stated in the enforcement action letter.
- Paying a hearing fee (if required): Some suspensions may require a hearing fee to be paid along with your request. The letter will state if a fee is required and how to pay it.
It is highly recommended that you send your hearing request via certified mail with return receipt requested. This provides you with proof that the DPS received your request before the deadline. Keep a copy of your request and the certified mail receipt for your records.
What to Expect at the Driver License Suspension Hearing
Once a proper and timely objection to the driver license suspension has been made, the DPS will schedule a hearing. This hearing will typically be held at the Justice of the Peace court closest to the address listed on your driver’s license.
The hearing is your opportunity to present evidence and arguments as to why your license should not be suspended. This is where having an experienced attorney can be invaluable.
A driver license suspension attorney can:
- Evaluate your driving record: They can analyze your record to identify the specific reasons for the proposed suspension and any potential defenses.
- Gather evidence: They can help you gather any necessary documents or information to support your case.
- Present your case effectively: They know the rules of evidence and can present your case persuasively to the judge.
- Negotiate with the DPS: In some cases, an attorney may be able to negotiate a resolution with the DPS that avoids a full suspension.
There are many reasons why the DPS might try to suspend your license. Don’t face this process alone. Contact our driver license suspension lawyers today at 214-321-4105 for a consultation. We can help you understand your rights and fight to protect your driving privileges.
