Last Updated on July 23, 2025 by Beltz Law Group
Texas Driver’s License Suspensions: Understanding Why DPS Can Take Your License
Driver License Suspension Attorney
The Texas Department of Public Safety (DPS) is tasked with ensuring that all drivers on the state’s roadways are capable of operating a vehicle safely. To fulfill this crucial responsibility, the Texas Legislature has established specific guidelines that empower the DPS to suspend a person’s driving privileges. This article will focus on the various reasons outlined in the law that can lead to a driver’s license suspension by the Texas DPS. If your license is being suspended by the Texas DPS and you would like legal assistance defending that action, feel free to call our legal team today at 214-321-4105.
Texas Transportation Code Section 521.292: Grounds for Suspension
The primary statute governing the DPS’s authority to suspend a driver’s license is Texas Transportation Code Section 521.292, aptly titled “DEPARTMENT’S DETERMINATION FOR LICENSE SUSPENSION.” This section provides the specific categories of events or circumstances that can trigger a driver’s license suspension notice from the DPS. Understanding these grounds is the first step in protecting your driving privileges.
The DPS shall suspend a person’s license if it determines that the person:
- Driving While License Invalid (DWLI) or Unlicensed Operation: Has operated a motor vehicle on a highway while their license was suspended, canceled, disqualified, or revoked, or if they drove without a license after their application for a license was denied. This highlights the severe consequences of driving without a valid license.
- Habitually Reckless or Negligent Operator: Is determined to be a habitually reckless or negligent operator of a motor vehicle. This refers to a pattern of driving behavior that demonstrates a disregard for safety or a consistent failure to exercise due care on the road.
- Habitual Violator of Traffic Laws: Is a habitual violator of the traffic laws. This is a common reason for suspension and has a specific legal definition, which we will explain in detail below.
- Unlawful or Fraudulent License Use: Has permitted the unlawful or fraudulent use of their license. This includes situations where someone else uses your license illegally or you use it for fraudulent purposes.
- Out-of-State Offense: Has committed an offense in another state or Canadian province that, if committed in Texas, would be grounds for a license suspension. This means that violations committed elsewhere can still impact your Texas driving privileges.
- Violation of License Restrictions: Has been convicted of two or more separate offenses for violating a restriction imposed on the use of their license (e.g., a restriction requiring corrective lenses or specific driving hours).
- At-Fault in Serious Collision: Has been responsible as a driver for any collision resulting in serious personal injury or serious property damage. This applies even if no criminal charges were filed, as the DPS can make an administrative determination of fault.
- Minor with Multiple Moving Violations: Is under 18 years of age and has been convicted of two or more moving violations committed within a 12-month period. This is a common reason for suspension among new and young drivers.
- Fleeing as Defined by Section 545.421: Has committed an offense of fleeing or attempting to elude a police officer. This is a serious criminal offense that also leads to administrative license suspension.
Driver License Suspension
What Constitutes a “Habitual Violator”?
For the purposes of Section 521.292(a)(3) (Habitual Violator of Traffic Laws), the law provides a clear definition:
A person is a “habitual violator” if they have:
- Four or more convictions that arise out of different transactions in 12 consecutive months; OR
- Seven or more convictions that arise out of different transactions in 24 months.
These convictions must be for moving violations of the traffic laws of any state, Canadian province, or political subdivision.
A Common Pitfall for Drivers: Paying Off Old Tickets
Suspended Driver License Assistance
One of the most frequent ways drivers inadvertently become “habitual violators” is by paying off old traffic tickets all at once. Here’s why this happens and how it can lead to suspension:
- Conviction Date is Key: The DPS bases its “habitual violator” determination on the date of conviction, not the date the citation was issued.
- Accumulated Tickets: Many people receive traffic tickets over time but delay resolving them due to financial constraints, warrants, or simply procrastination. Years might pass, accumulating multiple citations.
- The “Clean Up” Mistake: When a driver finally obtains the funds (e.g., from a tax refund) to address their outstanding tickets, they often simply go to court and pay off all the old violations at once.
- Instant Convictions: Paying a ticket typically results in a conviction being reported to the DPS. If you pay off three, four, or even seven or more old tickets in a single month or within a short period, the DPS records all these convictions as occurring in that recent timeframe.
- Example: You received tickets in 2020, 2021, 2022, and 2023. You pay them all off in June 2025. To the DPS, all four convictions occurred in June 2025. This single month now shows 4 convictions, immediately triggering the “habitual violator” designation and a suspension notice.
- The Suspension Notice: Once the DPS system processes these convictions, you will then receive a notice of license suspension in the mail.
How to Avoid the “Habitual Violator” Trap
To avoid falling into the “habitual violator” trap and the resulting license suspension, it is crucial to handle old traffic tickets strategically:
- Consult an Attorney for Old Tickets: Do not simply pay off old traffic tickets, especially if you have several outstanding. Hire a lawyer to represent you.
- Resolve Warrants/Holds First: Your attorney can work to lift any warrants or holds on your license that prevent renewal.
- Negotiate to Avoid Convictions: An experienced attorney can often negotiate with the courts and prosecutors to resolve your old tickets in a way that does not result in a conviction being reported to the DPS. This might involve options like deferred disposition (probationary period followed by dismissal) or defensive driving courses, depending on your eligibility and the court’s policies. This is a critical step to prevent the harmful impact of these convictions on your driving record.
Fighting a Driver’s License Suspension
Driver License Suspension Lawyer
If you receive a notice that the DPS intends to suspend your driver’s license, you must act quickly and decisively.
- Immediate Action Required: You typically have only 15 days from the date the suspension notice is sent to request an administrative hearing. This is a very short timeframe, so prompt action is essential. Failure to request a hearing within this period usually waives your right to challenge the suspension, and it will go into effect as scheduled.
- The Hearing Process: If you timely request a hearing, an Administrative Law Judge (ALJ) will review your case. The DPS has the burden of proving that the grounds for suspension are true. Your attorney can present arguments and evidence to challenge the DPS’s claims and demonstrate why your license should not be suspended.
- Potential Outcomes: At the hearing, the ALJ can uphold the suspension, dismiss the suspension, or, in some cases, probate the suspension (allowing you to continue driving under certain conditions for a probationary period).
Get Legal Assistance
Driver’s license suspensions can have a profound impact on your daily life, affecting your ability to commute to work, transport family, or handle essential errands. Understanding the complex legal grounds for suspension and navigating the administrative hearing process requires specialized knowledge.
If your Texas driver’s license is being suspended, or you have old traffic tickets that could lead to a suspension, don’t delay. Call our legal team today at 214-321-4105. The experienced attorneys at The Beltz Law Group can help you understand your rights, prepare your defense, and fight to protect your driving privileges.
