Many times our law firm receives calls related to a person who has had their driver license suspended, but never received notice of the suspension. This article is intended to help those that have a suspended license understand the notice requirements that Texas DPS must follow prior to suspending a person’s driving privileges. If you are facing a driver license suspension or currently have a suspended driver license and would like to discuss ways to remedy the issue, feel free to contact our legal professionals at 214-321-4105.
Notice Requirements to Suspend A Person’s Driver License in Texas
Driver License Suspension Lawyer
If Texas DPS is going to suspend a persons license, they need only send notification to that person one of two ways. Those ways are as follows:
- By first class mail
- By email if the person has designated this as an appropriate way to contact them
Neither of these methods are considered very accurate to ensure that the person actually receives the notice. However, the law is intended to make it easier on DPS, not the driver. Once DPS sends out the letter, they do not have to prove that the driver actually received it. In fact, the law specifically states that once it is mailed or sent, it is deemed received 5 days after the notice was sent. For a complete reading of the law, it can be found in the Texas Transportation Code Section 521.295.
What the Notice of Suspension Must State
A notice of suspension must state the following:
(1) the reason and statutory grounds for the suspension or revocation;
(2) the effective date of the suspension or revocation;
(3) the right of the person to a hearing;
(4) how to request a hearing; and
(5) the period in which the person must request a hearing.
What to Do If You Did Not Get A Notice of Suspension
If you did not get a notice of suspension, and your driving privileges are currently suspended your best bet in most cases is to obtain an occupational driver license until the suspension period passes. In limited cases, you may be entitled to an appeal of the suspension action, but this option has a limited timeline and is not guaranteed to resolve the suspension issue. However, in almost every suspension case, a person will be entitled to obtain an occupational driver license. For more information about appeals and occupational driver license requests, contact our office today.
