Driving While License Invalid Suspension Actions In Texas

Last Updated on July 23, 2025 by Beltz Law Group

Understanding Driving While License Invalid (DWLI) Suspensions in Texas

In Texas, driving is a privilege, not a right, and that privilege comes with responsibilities. One of the most serious consequences for drivers is facing an additional license suspension if they are caught driving while their license is already invalid. This situation, often referred to as a “Driving While License Invalid” (DWLI) suspension (governed by Texas Transportation Code § 521.457), can lead to an extended period where you cannot legally drive, potentially lasting indefinitely depending on the specific circumstances.

This article from Beltz Law Group is designed to help those dealing with a DWLI suspension in Texas understand the complexities involved and what steps to take. If you would like to discuss your driver’s license suspension with our experienced team of attorneys, feel free to call our office at 214-321-4105.

What Makes a Driver’s License “Invalid” in Texas?

A driver’s license can become “invalid” for a variety of reasons, meaning it’s not legally active or eligible for use. Some common examples include:

• Outstanding Traffic Tickets or Warrants: If you fail to resolve traffic citations (e.g., pay fines, appear in court), the court can report this to the Texas Failure To Appear / Failure To Pay (FTAP) program (OmniBase), which places a “hold” on your license renewal. Your license becomes invalid if it expires or cannot be renewed due to these holds.
• Previous Suspensions or Revocations: Your license might be suspended or revoked for reasons like Driving While Intoxicated (DWI) convictions, accumulating too many traffic points (though the old “Driver Responsibility Program” surcharges are largely gone, DPS can still suspend for too many moving violations), refusing a breath/blood test, or failing to maintain required SR-22 insurance after certain offenses.
• Failure to Provide Proof of Insurance: If you were involved in a car accident and alleged to be at fault without insurance, or if you were convicted of driving without insurance, your license can become invalid until you provide proof of financial responsibility (e.g., an SR-22 insurance certificate) to DPS.
• Expired License During a Suspension Period: Even if your original suspension period ends, your license remains invalid if it expired during that suspension and you haven’t taken the necessary steps to renew it.
• Denial of Renewal: DPS can deny the renewal of your license for various reasons, such as certain medical conditions or failure to comply with previous requirements.
• Unpaid Child Support: The Office of the Attorney General can request a license suspension for delinquent child support payments.

When any of these situations occur, your license is considered “invalid” or “not eligible.”

How a DWLI Suspension Occurs

A separate DWLI suspension by DPS happens when two conditions are met:

1. Your Driver’s License is Invalid: You are operating a motor vehicle on a public highway while your license is in one of the “invalid” states described above.
2. You Receive and are Convicted of Another Traffic Offense: While your license is invalid, you are cited for another traffic violation (e.g., speeding, no seatbelt, running a stop sign). If you then resolve this new traffic ticket in a way that results in a conviction being reported to DPS (such as simply paying the fine), DPS will see that you were driving and received a conviction while your license was already invalid.

The Consequence: This triggers an additional suspension period by DPS. Historically, this could add an extra three months to your existing suspension or indefinitely if the underlying issue isn’t resolved. This means that even after the initial reason for your license’s invalidity is cleared, you’ll still face the DWLI suspension, extending the time you cannot legally drive.

What To Do If You Get a DWLI Notice of Suspension

If you receive a notice from DPS indicating a suspension for Driving While License Invalid, you must act immediately:

1. Object to the Suspension Promptly: You typically have a very limited timeframe (often 20 days from the date of the notice) to formally object to the proposed DWLI suspension. Missing this deadline can result in an automatic, indefinite suspension without any further opportunity for a hearing.
2. Request a Hearing: By objecting, you trigger your right to an Administrative Hearing. This hearing is usually held before a Justice of the Peace or Administrative Law Judge in your county of residence. The purpose of this hearing is for DPS to prove that your license was indeed invalid when you received the new traffic conviction.
3. Work Towards Eligibility Before the Hearing: This is a critical strategy. During the period between requesting your hearing and the actual hearing date, you should actively work to resolve the underlying issues that made your license invalid in the first place. For example:
   • Outstanding Traffic Tickets: If these are the cause, your attorney can work to resolve them in a way that avoids new convictions on your record (e.g., deferred disposition, defensive driving course). This prevents further adverse actions from DPS.
   • Proof of Insurance: If your license is invalid due to an insurance issue, you must provide DPS with valid proof of financial responsibility (often an SR-22).
   • Pay Reinstatement Fees: Ensure all necessary reinstatement fees to DPS are paid for any prior suspensions.

Attending the Driver’s License Suspension Hearing

The Administrative Hearing is your opportunity to present your case.

• Your Presence: While you have the right to attend, in many cases, if you hire an attorney, they can attend the hearing on your behalf.
• The Goal: The primary goal is to demonstrate to the hearing officer that your license is now “eligible” or that DPS cannot prove their case by a preponderance of the evidence. If your license is in eligible status prior to the hearing, you stand a much better chance of preventing or significantly mitigating the DWLI suspension.
• Probation of Suspension: In some cases, even if a suspension is upheld, an attorney might be able to negotiate for the suspension to be “probated,” allowing you to drive under certain conditions.

Why Hire an Attorney for Your DWLI Suspension?

Driving while your license is invalid carries significant risks, and a DWLI suspension can compound those issues. An experienced attorney can provide crucial assistance:

• Navigating Complex Laws: Texas driver’s license laws are intricate. An attorney understands the specific statutes, the various reasons for invalidity, and the appeal processes.
• Protecting Your Record: An attorney can advise you on how to resolve the new traffic offense (the one that triggered the DWLI suspension) in a way that minimizes or avoids further convictions on your record, thereby preventing future suspensions and higher insurance rates.
• Timely & Proper Filings: Ensure all objections, hearing requests, and necessary documentation are filed correctly and within strict deadlines.
• Representation at Hearings: An attorney can represent you at the administrative hearing, presenting your case effectively and challenging DPS’s evidence.
• Resolving Underlying Issues: Your attorney can help you identify and strategically resolve the original issues that caused your license to be invalid (e.g., managing outstanding tickets, navigating SR-22 requirements).
• Seeking an Occupational Driver License (ODL): If a suspension is unavoidable, an attorney can assist you in petitioning the court for an Occupational Driver License, allowing you to drive legally for essential purposes during the suspension period.

Don’t let a DWLI charge or suspension derail your life. The consequences are too significant to handle alone.

If you are dealing with a Driving While License Invalid suspension in Texas and need professional legal guidance, contact our experienced team of attorneys at Beltz Law Group. Call us today at 214-321-4105 to discuss your options.