This article is intended to assist those that are dealing with the possible suspension or revocation of their driving privileges in Texas. It is important to understand the difference between a suspension and a revocation so that you can take the appropriate steps to successfully defend your driving privileges. After reading this article if you have other questions regarding driver license suspensions or revocations, please feel free to contact our office at 214-321-4105.
Driver License Suspensions
Driving While License Invalid Suspensions
Driver license suspensions are generally outlined in the Texas Transportation Code in section 521.292. There are many different reasons why the Texas Department of Public Safety can take a suspension action against a Texas driver. The most common reason listed below. For example, the Department can allege that the person has:
- Operated a motor vehicle on a public roadway while their driving privileges were suspended, cancelled disqualified or revoked
- Been alleged to be habitually reckless or a negligent driver
- Been alleged to be a habitual violator of traffic laws
- permitted the unlawful use of that person’s driver license
- committed an offense in another state or Canada that would cause their license to be suspended or revoked here
- Been convicted of 2 or more driver license restrictions
- Been responsible for any accident causing serious bodily injury
- Been convicted of 2 or more moving violations and is under the age of 18yrs old
The minimum suspension period for the reasons listed above is 90 days.
Driver License Revocations
Driver License Suspension Lawyer
Revocations are different than suspensions in that once a person’s license has been revoked, the revocation is permanent. A suspension is for a specific period of time in most cases and will be removed after the driver either takes a certain action or the suspension period ends. In basic terms, revocations are permanent and suspensions are temporary. A person’s license can be revoked in the following circumstances:
- The person is incapable of safely driving a vehicle
- The person has failed to provide medical records or has failed to undergo medical evaluations required by the Medical Advisory Board
- The person has failed an exam required by the Department
- The person has committed an offense in another state or Canada that would cause a revocation in Texas
Notice of The Suspension or Revocation
Driver License Suspension Lawyer
Notice of a suspension or revocation must be sent by first class mail or by email if the person has provided an email and has elected to receive notifications by email. In any event, notice is considered received by the 5th day of the Department sending it. The notice must outline the following:
- The reason for the suspension or revocation
- The effective date of the suspension or revocation
- The right of a person to request a hearing
- How to request the hearing
- The time period that the person has to request the hearing
Requesting A Hearing
So long as a person requests the hearing within 15 days of the notice, the hearing must be provided. The hearing request must be done in writing and received at the headquarters in Austin, Texas.
Issue At Hearing
The Department has the burden of proof at the hearing by a preponderance of the evidence. The Department must establish that grounds stated in the suspension or revocation notice are true. If the Department cannot establish the truth of the allegations made in the notice, then the case should be dismissed.
Hire A Lawyer For A Driver License Suspension or Revocation
Habitual Violator Driver License Suspension
Driver license suspension or revocations can be highly technical and cause a lot of harm to the person facing the issue if they are not handled competently. This is why it is always wise to consult a lawyer regarding your suspension or revocation issue. If you would like to discuss your driver license suspension or revocation with our experienced team of attorneys, to discuss hiring our office to defend you, please feel free to contact us at 214-321-4105.
