The Difference Between Driver License Suspensions and Revocations in Texas

Last Updated on July 23, 2025 by Beltz Law Group

Driver’s License Suspension vs. Revocation in Texas: What’s the Difference and How to Fight Back

Facing the potential loss of your driving privileges in Texas can be a daunting experience. It’s crucial to understand the distinct differences between a driver’s license suspension and a revocation, as well as the steps you can take to protect your ability to drive. This article will clarify these terms, outline common reasons for each, and explain how The Beltz Law Group can assist you. If you have questions about a driver’s license suspension or revocation after reading this, please contact our office at 214-321-4105.

Driver’s License Suspensions

A driver’s license suspension is a temporary withdrawal of your driving privileges for a specified period. Once the suspension period ends and you meet any other reinstatement requirements (like paying fees or completing courses), your license can typically be restored.

The Texas Department of Public Safety (DPS) has the authority to suspend a driver’s license for various reasons, primarily outlined in Texas Transportation Code Section 521.292. Some of the most common grounds for suspension include:

• Driving While License Invalid (DWLI): Operating a motor vehicle on a public roadway while your license was already suspended, canceled, disqualified, or revoked, or driving without a license after an application was denied.
• Habitually Reckless or Negligent Driver: Being determined by the DPS to regularly drive in a dangerous or careless manner.
• Habitual Violator of Traffic Laws: Accumulating a certain number of moving violation convictions within specific timeframes. For example, generally four or more convictions for moving violations arising from different incidents within 12 months, or seven or more within 24 months.
• Unlawful or Fraudulent Use of License: Allowing someone else to unlawfully use your driver’s license or using it fraudulently yourself.
• Out-of-State Offenses: Committing an offense in another state or Canadian province that, if committed in Texas, would result in a license suspension or revocation here.
• Violation of License Restrictions: Being convicted of two or more separate offenses for violating a restriction imposed on your license (e.g., driving without corrective lenses if required).
• Accident Causing Serious Injury/Damage: Being determined responsible as a driver for any collision resulting in serious bodily injury or serious property damage.
• Minor with Multiple Moving Violations: Being under 18 years of age and convicted of two or more moving violations within a 12-month period.
• Fleeing or Attempting to Elude Police: Committing an offense under Texas Transportation Code Section 545.421.

Minimum Suspension Period: For many of the reasons listed above, the minimum suspension period imposed by the DPS is typically 90 days. However, suspension periods can vary greatly depending on the specific offense and your driving history.

Driver’s License Revocations

Revocations are more severe than suspensions because they represent a permanent cancellation of your driving privilege. Unlike a suspension, which usually has a defined end date, a revoked license means your privilege to drive has been taken away indefinitely. To drive again after a revocation, you would generally need to reapply for a completely new license and meet strict requirements, which can be a lengthy and challenging process.

A person’s Texas driver’s license can be revoked in circumstances such as:

• Incapable of Safely Driving: If the DPS determines, often based on recommendations from the Medical Advisory Board, that an individual is physically or mentally incapable of safely operating a motor vehicle (e.g., due to certain medical conditions, severe vision impairment, etc.).
• Failure to Provide Medical Records/Undergo Evaluations: Failing to comply with requests from the Medical Advisory Board for medical records or to undergo required medical evaluations.
• Failure to Pass an Exam: Failing a driving examination required by the DPS.
• Out-of-State Offenses: Committing an offense in another state or Canada that would lead to a license revocation in Texas.
• Certain Serious Criminal Offenses: While often leading to suspensions first, convictions for severe offenses like Intoxication Manslaughter or repeated Intoxication Assaults can lead to permanent revocation.
• Fraudulent Activity: Certain offenses involving fraudulent government records (like creating a fake ID) or permitting fraudulent use of your own license can also lead to revocation.

Notice of Suspension or Revocation

Before your license can be suspended or revoked, the DPS is required to provide you with official notice. This notice is typically sent by first-class mail to the address on record with the DPS, or by email if you have provided an email address and opted for electronic notifications.

Important Legal Presumption: The law considers notice to be received by the 5th day after the DPS sends it, regardless of when you actually open the mail or email.

The notice must clearly outline the following critical information:

• The specific reason for the proposed suspension or revocation.
• The effective date when the suspension or revocation will begin.
• Your right to request a hearing to challenge the action.
• Instructions on how to request the hearing.
• The strict time limit you have to request the hearing.

Requesting a Hearing

If you wish to challenge the suspension or revocation, you must request a hearing in writing. This request needs to be received by the DPS headquarters in Austin, Texas.

Critical Deadline: You typically have 15 days from the date you receive (or are presumed to have received) the notice to request a hearing. If your request is not received within this timeframe, you generally waive your right to a hearing, and the suspension or revocation will go into effect as scheduled. Requesting a hearing within this period will usually postpone the effective date of the suspension until after the hearing is held.

The Hearing Process

If you timely request a hearing, your case will be heard by an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH).

• Burden of Proof: At the hearing, the Texas Department of Public Safety bears the burden of proof by a preponderance of the evidence. This means the DPS must convince the ALJ that it is “more likely than not” that the grounds for suspension or revocation stated in the notice are true and that their proposed action is justified.
• Your Defense: If the DPS fails to establish the truth of its allegations, or if your attorney can successfully challenge their evidence, the case should be dismissed, and your driving privileges would not be suspended or revoked. This hearing is a critical opportunity to present your side of the story and dispute the DPS’s claims.

Why You Need a Lawyer for a Driver’s License Suspension or Revocation

Driver’s license suspension and revocation cases can be highly technical and complex. The loss of your driving privileges can have severe consequences for your employment, family responsibilities, and overall quality of life. Without proper legal representation, you may unknowingly miss critical deadlines or fail to present an effective defense.

This is why it is always wise to consult with an experienced attorney regarding your suspension or revocation issue. At The Beltz Law Group, our team of dedicated attorneys understands the intricacies of Texas driving laws and administrative procedures. We can:

• Analyze Your Notice: Help you understand the specific reasons for your suspension or revocation and the legal basis for the DPS’s action.
• Timely Request a Hearing: Ensure your hearing request is properly submitted within the strict legal deadlines.
• Prepare Your Defense: Gather evidence, interview witnesses, and develop a strong legal strategy tailored to your case.
• Represent You at the Hearing: Argue on your behalf before the Administrative Law Judge, challenging the DPS’s evidence and presenting your defense.
• Explore Alternatives: Advise you on options such as an Occupational Driver’s License (ODL) if your license is suspended, which can allow limited driving privileges for work, school, and essential household duties.

Don’t face the prospect of losing your driving privileges alone. If you would like to discuss your driver’s license suspension or revocation with our experienced team of attorneys, please feel free to contact us at 214-321-4105 for a consultation. We are here to defend your driving rights.