Last Updated on July 23, 2025 by Beltz Law Group
Navigating Texas Driver’s License Suspension After an Uninsured Accident (Crash Suspensions)
Driver License Suspension Attorney
One of the most common and frustrating reasons the Texas Department of Public Safety (DPS) can notify you about an impending driver’s license suspension is involvement in a car accident where the other party claims you lacked sufficient insurance coverage. These actions are often referred to as “Crash Suspensions.”
This article from Beltz Law Group is designed to help you understand why these suspensions occur, what to do if you receive a notice, and how an attorney can help protect your driving privileges.
If you would like the assistance of an experienced attorney after reading this article, feel free to contact our office at 214-321-4105.
What Triggers a Driver’s License Suspension for a Car Crash?
For DPS to move forward with a crash suspension, several conditions must generally be met:
- A Reported Accident Occurred: The accident must have been officially reported to law enforcement, and an accident report filed.
- You are Identified as the At-Fault Party: DPS must determine that there’s a “reasonable probability” that you were the driver at fault for the accident. This determination is often based on the accident report filed by the investigating officer.
- Allegation of No Insurance Coverage: The other party (or their insurance company) must allege that you did not possess valid automobile liability insurance at the time of the crash to cover the damages you caused.
- Significant Damages: The accident must have resulted in at least $1,000.00 in damages (either property damage or bodily injury).
If DPS finds that these elements are likely true, based on the information available to them, they can proceed with a suspension action under Texas’s Motor Vehicle Safety Responsibility Act.
How You’re Notified of a Crash Suspension
Driver License Suspension Lawyer
DPS is legally required to send you a Notice of Suspension by mail. This notice will be sent to the last known address they have on file for you. This typically means the address associated with your Texas driver’s license or identification card.
Important Note: It is your legal responsibility as a driver to keep your address current with DPS. Even if the notice goes to an old address and you never receive it, the law generally presumes you were properly notified. Therefore, failing to update your address can have serious consequences, including your license being suspended without your knowledge.
Immediate Action: Responding to a Notice of Suspension
Upon receiving a Notice of Suspension, time is of the essence!
- You typically have only 20 days from the date of the notice to respond and object to the suspension. If you fail to respond within this critical timeframe, your license could be automatically suspended indefinitely without a hearing.
- Object to the Suspension: It is crucial to object to the suspension as quickly as possible after receiving the mailed notice. This objection must be in writing and sent to DPS.
What Happens When You Object?
If you make a timely objection, DPS is required to grant you an Administrative License Revocation (ALR) hearing. This hearing will typically take place before a Justice of the Peace in the county where you reside.
- Purpose of the Hearing: The purpose of this hearing is for an Administrative Law Judge (ALJ) or Justice of the Peace to determine if DPS has enough evidence to establish, by a “preponderance of the evidence” (meaning more likely than not), that you were involved in a car wreck, were at fault, and did not have adequate insurance to cover the damages caused by the accident.
- Your Opportunity to Present a Defense: This hearing is your opportunity to challenge DPS’s evidence and present your own. An experienced attorney can represent you at this hearing, cross-examine witnesses (like the police officer or the other party), and argue why the suspension should not be imposed.
What Happens If Your License Is Suspended?
Driver License Suspension
If your license is suspended due to a crash suspension (either because you didn’t request a hearing, lost the hearing, or couldn’t prove financial responsibility), your driving privileges will be significantly impacted. You will have limited options to regain legal driving status:
- Pay the Damages: One option is to pay the full amount of the damages alleged by the other party (plus any administrative fees to DPS). For many, this amount can be thousands of dollars, making it financially unfeasible.
- Obtain a Release of Liability: If the damaged party provides a notarized release (SR-11 form) stating you are released from all liability for the accident, this can lift the suspension. This often happens if an uninsured party eventually pays the damages or if their own insurance covers the loss and they agree not to pursue further action against you.
- Enter an Installment Agreement: You can enter into a payment plan (SR-19 form) with the damaged party. If you default on this agreement, your license can be suspended again.
- Deposit Security: You could deposit the required security amount with DPS (cash, cashier’s check, money order, or surety bond) to cover the damages.
- File an SR-60 Form (After 2 Years): If no lawsuit has been filed against you related to the accident within two years of the suspension action being initiated by DPS, you may be able to file an SR-60 form (“Affidavit of No Suit Filed Within Two Years”) with DPS. This form essentially certifies that no judgment has been rendered against you and no lawsuit is pending, which can then lead to the removal of the suspension.
- Obtain an Occupational Driver License (ODL): If your license is suspended, and you meet eligibility requirements, you can petition a court for an Occupational Driver License (ODL), also known as an “Essential Need License.” An ODL allows you to drive legally for essential purposes (work, school, essential household duties) during the suspension period. You’ll need to obtain SR-22 “high-risk” insurance and abide by strict driving restrictions. Note: An ODL only allows you to drive for specific purposes and does not fully reinstate your regular driving privileges.
Why Hire an Attorney for Your Driver’s License Suspension?
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Dealing with a crash suspension can be complex and intimidating, especially when DPS sends official notices and threatens your driving privileges. An experienced attorney can provide invaluable assistance:
- Timely Objection and Hearing Request: Ensure your objection and request for an ALR hearing are filed correctly and on time, preserving your right to challenge the suspension.
- Representation at the ALR Hearing: Your attorney can represent you at the hearing, present evidence, cross-examine witnesses, and argue against DPS’s case, increasing your chances of preventing the suspension.
- Negotiation and Resolution: An attorney can negotiate with the other party or their insurance company to reach a settlement, obtain a release of liability, or establish an agreeable payment plan that satisfies DPS requirements.
- Understanding Your Options: Explain the various options available to you, whether it’s fighting the suspension, pursuing an ODL, or understanding the SR-60 process.
- Navigating Bureaucracy: DPS procedures can be confusing. An attorney can handle the paperwork, communication, and filings with DPS on your behalf.
- Obtaining an Occupational Driver License: If a suspension cannot be avoided, an attorney can guide you through the process of petitioning the court for an ODL, ensuring all requirements are met and the petition is correctly filed.
Don’t wait until your driving privileges are completely suspended. If you’ve received a notice of driver’s license suspension due to a car accident, the clock is ticking.
If you need the assistance of an attorney to protect your driving privileges in Texas, contact Beltz Law Group. Our experienced driver’s license suspension defense lawyers can develop a strategy to protect your ability to drive or help you obtain an occupational driver license when a suspension occurs. Call us at 214-321-4105.
