Criminal Defense Attorneys
A growing issue in Texas are arrests related to driving while a person’s license is suspended. A related issue are arrests for driving while a license is invalid. Both are closely related but are handled by police officers in different ways depending on the individual driver. This article is intended to help those that are dealing with an arrest for driving while license suspended or driving while license invalid. If you would like to talk with our experienced attorneys after reading this article, feel free to contact our office to discuss your individual case.
Driving While License Invalid / Suspended Statute
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The main statute for driving while suspended arrests is as follows:
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Sec. 521.457. DRIVING WHILE LICENSE INVALID. (a) A person commits an offense if the person operates a motor vehicle on a highway:
(1) after the person’s driver’s license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;
(2) during a period that the person’s driver’s license or privilege is suspended or revoked under any law of this state;
(3) while the person’s driver’s license is expired if the license expired during a period of suspension; or
(4) after renewal of the person’s driver’s license has been denied under any law of this state, if the person does not have a driver’s license subsequently issued under this chapter.
(b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver’s license and the person operates a motor vehicle on a highway.
(c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341.
(d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person’s license. For purposes of this section, actual notice is presumed if the notice was sent in accordance with law.
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(e) Except as provided by Subsections (f), (f-1), and (f-2), an offense under this section is a Class C misdemeanor.
(f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person:
(1) has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003; or
(2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191.
(f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.
(f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle collision that resulted in serious bodily injury to or the death of another person.
(g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.
(h) Except as provided by Subsection (i), the department may not suspend a person’s driver’s license under Section 521.292(a)(1), or extend the period a person’s driver’s license is suspended under Section 521.343(c), for a conviction of an offense under this section if:
(1) the offense was committed before September 1, 2019;
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(2) the person was convicted of the offense after August 31, 2023; and
(3) the person pays the department the fee required under Section 521.313(a) or any other fee required for the reinstatement of the person’s driver’s license in the manner prescribed by the department.
(i) Subsection (h) does not apply to:
(1) a commercial driver’s license issued under Chapter 522; or
(2) a person who was transporting hazardous materials or operating a commercial motor vehicle at the time of the offense under this section.
(j) The fee collected under Subsection (h)(3) shall be deposited to the credit of the Texas mobility fund.
Understanding The Statute
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The basic construct of the statute should be understood to charge most driving while license suspended offenses as a class “c” traffic citation. However, depending on the record of the person who is being charged, the case can be enhanced. For example, if the person has a previous suspension conviction on their record, then the case is enhanced to a class “b” misdemeanor. This enhancement subjects the person to arrest and a possible jail sentence of up to 6 months. The second way a person can be charged with the higher class “b” charge is if their license is suspended and they are not carrying valid proof of insurance. These are the two most common types of arrests that our criminal defense attorneys see when it comes to arrests for driving while license suspended or invalid.
For that reason it is crucial that, if your license is suspended, at the very least you carry valid proof of insurance on the vehicle. Second, you have been charged and convicted of an offense for driving while license invalid or suspended in the past, then you cannot drive a second time on a suspended license without risking arrest.
How To Avoid Arrest If you Have Had a Conviction For Driving While License Suspended In The Past
If you have already had a suspended license in the past and your license is currently suspended, then the best way to avoid arrest is to obtain an occupational driver license. This is a license that allows you to drive legally while the suspension period is in place. For more information on how to obtain an occupational driver license to avoid arrest for driving while license suspended, feel free to call our experienced attorneys today.
