Last Updated on June 7, 2025 by Beltz Law Group
Driver License Suspension Lawyer
Defending Against Driving While License Invalid (DWLI) Charges in Texas
Exploring Possible Defenses to Your DWLI Ticket 214-321-4105
A charge for Driving While License Invalid (DWLI) in Texas, outlined in Texas Transportation Code Section 521.457, carries significant potential penalties. While most attorneys understand the range of punishments, successfully mounting a defense to a DWLI charge requires a deep understanding of the law’s nuances. At the Beltz Law Group, we regularly help clients facing DWLI charges, and this article aims to shed light on possible defenses and their application.
The Foundation of Defense: “Knowledge” and Affirmative Defenses
In criminal law, the fundamental principle is that the burden of proof always lies with the prosecutor to establish guilt beyond a reasonable doubt. For a DWLI charge, the prosecution must prove not only that your license was invalid but also that you knew it was invalid.
One of the key defenses available in DWLI cases is an affirmative defense concerning notice of suspension.
- Understanding Affirmative Defense: Unlike a simple denial of the charge, an affirmative defense means you are admitting that the act occurred (driving while license invalid), but you are presenting a reason why you should not be held criminally responsible for it. In the context of DWLI, this often relates to whether you received proper notification of your license suspension.
The “Lack of Actual Notice” Defense
The law is structured so that the State presumes you received notice if it can show that the suspension notification was mailed in accordance with the law to your last known address on file with the DPS.
However, the legal burden shifts to the defendant if the state provides evidence of notice. The defense would then need to present evidence that they did not receive “actual notice” of the suspension. This means you genuinely did not know your license was suspended.
Suspended Driver License Assistance
Here’s the practical challenge for the prosecution: To prove you received notice, the prosecutor would typically need to:
- Subpoena a DPS employee to testify.
- Have that employee testify that the suspension notice was properly sent by first-class mail to the last known address on file with DPS.
- Further, they would need to establish that the notice was not returned as undeliverable, especially after your testimony that you never received it.
In practice, for Class C misdemeanor DWLI cases in municipal courts (like Dallas Municipal Court) or Justice of the Peace courts, this level of proof is rarely pursued by city prosecutors. It is often too expensive and time-consuming for them to bring a DPS employee to court to testify on a fine-only offense.
Taking Advantage of the Law: Why This Defense Matters
This “lack of actual notice” defense presents a significant opportunity for defendants and their attorneys. Many courts are hesitant to grant deferred adjudication for a DWLI ticket unless the defendant’s license is first established as being valid. However, many individuals cannot afford to get their license valid within the short timelines courts often give.
If a client isn’t going to get the benefit of deferred disposition without a valid license, then what is the incentive to plead guilty or settle? There is none. In such situations, pursuing a trial based on this defense can be a strategic move. By putting the prosecutor to their burden of proving knowledge, there’s a strong chance the case could be dismissed.
Driver License Suspension Lawyer
Why You Need an Attorney for Your DWLI Charge
Successfully asserting the “lack of actual notice” affirmative defense, or any defense in a DWLI case, requires legal expertise. It’s not enough to simply state you didn’t know your license was suspended; you need to properly present your defense and understand how to challenge the prosecution’s evidence.
The Beltz Law Group has a deep understanding of DWLI statutes and the practicalities of defending these cases in Texas courts. We can:
- Evaluate the specifics of your license suspension and notice history.
- Determine the best possible defense strategy for your individual circumstances.
- Properly present your case in court, including asserting affirmative defenses.
- Negotiate with prosecutors to seek dismissals or favorable outcomes that protect your driving record.
If you have a DWLI ticket you would like to discuss with an experienced legal professional, contact the Beltz Law Group today. We are ready to analyze your situation and explain how we can work to defend your rights.
