From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 DPS Driver License Suspensions 1.1 DWI related license suspensions 1.1.1 Breath or blood test REFUSAL  1.1.2 Breath or blood test FAILURE 1.1.3 DWI conviction 1.2 Suspension after Conviction of Non-DWI Offenses 1.3 Suspensions under the Driver Responsibility Act 1.4 Suspensions on DPS Determination

DPS Driver License Suspensions

The Department of Public Safety oversees an extremely confusing set of rules governing the suspension of drivers' licenses in response to an ever-expanding set of infractions from driving with no insurance to drug convictions.

DWI related license suspensions

Breath or blood test REFUSAL 

Suspensions for refusal of a breath or blood test are covered under §524.022(a) Texas Transportation Code 

• If you have had no prior "Contact" within the past 10 years and you refuse a breath or blood test, your license will be suspended for 180 days.
  
• If you have had one or more prior Contact, within the past 10 years, the suspension period is 2 years.
  

These suspensions can be challenged at Administrative License Revocation hearing if requested within 15 days of the arrest and refusal. An Occupational Driver License (subject to the restrictionsprovided by law) is available to drivers whose licenses have been suspended for refusal.

Breath or blood test FAILURE

Suspensions for refusal of a breath or blood test are covered under §524.022(a) Texas Transportation Code

• If you have had no prior "Contact" within the past 10 years and you fail a breath or blood test (BAC > 0.080), your license will be suspended for 90 days.
• If you have had one or more prior Contact, within the past 10 years, the suspension period is 1 year.

These suspensions can be challenged at Administrative License Revocation hearing if requested within 15 days of the arrest and failure. An Occupational Driver License (subject to the restrictionsprovided by law) is available to drivers whose licenses have been suspended for failure of a breath or blood test.

DWI conviction

Suspensions following conviction for DWI are governed by §42.12 Sec. 13(k) Texas Code of Criminal Procedure

Conviction suspensions are set by the court of conviction, within the range set out in the statute.

• First DWI - Between 90 days and 1 year. On First DWI convictions only, you get credit toward your suspension for the suspension period imposed for refusal of the breath or blood test.
• Second DWI within 10 years - Between 180 days and 1 year
• Second DWI within 5 years - Between 1 year and 2 years

Suspension after Conviction of Non-DWI Offenses

Non-DWI Conviction Suspensions

Offense	Suspension Period	Statute Governing Suspension
Criminally Negligent Homicide as charged by § 19.05 Penal Code (if Motor Vehicle was used)	1 year for first, 18 months for subsequent	§ 521.341 Transportation Code
Evading Arrest or Detention as charged by § 38.04 Penal Code	1 year for first, 18 months for subsequent	§ 521.341 Transportation Code
Intoxication Assault as charged by § 49.07 Penal Code (if Motor Vehicle was used)	1 year for first, 18 months for subsequent	§ 521.341 Transportation Code
Any offense punishable as a felony under Motor Vehicle laws	1 year for first, 18 months for subsequent	§ 521.341 Transportation Code
Failure to Stop and Render Aid when the accident involves personal injury or death	1 year for first, 18 months for subsequent	§ 521.341 Transportation Code
Any offense under § 521.451 (offenses involving driver license or ID fraud) or § 521.453 (involving a person under 21 using a fake ID) of the Transportation Code charged as	1 year for first, 18 months for subsequent BUT, if the court of conviction specifically suspends the license under § 521.346 Transportation Code, DPS uses the judicial suspension (between 90 days and 1 year) and not the automatic suspension (1 year).	§ 521.341 Transportation Code
Fictitious license plates or inspection sticker	180 days	§ 521.3465 Transportation Code
Failure to Pay Child Support	Until the family court is satisfied that the person: has paid arrearage, shows good cause for disobeying subpoena, or establishes an affirmative defense	§ 232.003 Texas Family Code
Furnishing Alcohol to a Minor under TABC § 106.06	Upon final conviction, 180 days for first, 1 year for subsequent	§ 521.351 Transportation Code
Contempt of a JP or Municipal Court	upon issuance of the order from the JP or Municipal Court, until the contemptor fully complies	§ 521.3451 Transportation Code
Theft if there is an affirmative finding of motor fuel theft under 42.019 Code of Criminal Procedure	180 days for first, 1 year for subsequent.	§ 521.349 Transportation Code
Racing under §545.420 Transportation Code	1 year	§ 521.350 Transportation Code
An offense under the Controlled Substances Act, or any drug offense	Upon final conviction, 180 days or until the person completes the DPS drug education class, whichever is longer.	§ 521.372 Transportation Code
Graffiti under 28.08 Penal Code	1 year	§ 521.320 Transportation Code
Failure to Maintain Financial Responsibility	2 years unless evidence of financial responsibility (SR22) is filed and maintained with DPS	§ 601.231 Transportation Code
Driving with Suspended License	Upon determination of DPS, 1 year or the original suspension term, whichever is less.	521.292(a) Transportation Code
Tampering with Governmental Record if the record wasa motor vehicle license plate or registration insignia, or a safety inspection certificate	2 years	§ 521.3466 Transportation Code

Suspensions under the Driver Responsibility Act

Surcharges levvied under the Driver Responsibility Act carry license suspension as a consequence of nonpayment. If your license has been suspended for nonpayment of surcharges, the DPS will, in most cases, put you on a payment plan, and reinstate your license upon your first scheduled payment. Call the DPS Surcharge office at (800) 688-6882 and press 0 to talk with someone. 

Suspensions on DPS Determination

At any point, DPS can suspend a driver's license for 90 days if it determines that the driver:

• is a habitually reckless or negligent operator of a motor vehicle;
• is a habitual violator of the traffic laws;
• has permitted the unlawful or fraudulent use of the person's license;
• has committed an offense in another state or Canadian province that, if committed in this state, would be grounds for suspension;
• has been convicted of two or more separate offenses of a violation of a restriction imposed on the use of the license;
• has been responsible as a driver for any accident resulting in serious personal injury or serious property damage;
• is the holder of a provisional license issued under Section 521.123 and has been convicted of two or more moving violations committed within a 12-month period; or
• has committed an offense under Section 545.421 (fleeing or attempting to elude police)
  

If DPS makes a determination, it will mail notice to the driver of its plans to suspend the license 45 days after the mailing of the letter. If the driver wants to contest the determination, he/she can request an administrative hearing be held, and at the hearing, the hearing officer will judge by a preponderance of the evidence whether the determinations are true. If found to be true, the hearing officer can sustain the suspension, and has discretion to suspend the license for between 30 days and 1 year.

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