Driving While License Suspended
If you have been convicted of driving in Dallas with a suspended license, you could face serious penalties, such as jail time, fines, a lengthier license suspension, surcharges and/or a criminal record.
Although a first driving with a suspended license (DWLS) offense can possibly result in a Class C misdemeanor conviction, subsequent offenses can result in more serious punishments and even a first offenses may result in serious penalties depending on how your license was initially suspended or revoked. Therefore, it is important to hire an attorney who is experienced with driving offenses in Dallas.
You may not be aware of the underlying offense your license was initially suspended for or that it was suspended in the first place. Your lawyer can help you resolve any underlying traffic offenses, acquire an occupation license and help you reinstate your license.
Dallas Driving with a Suspended License Lawyer
If you have been charged with a driving with a suspended or revoked license Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact The Law Offices of Richard C. McConathy.
Richard McConathy is an experienced Dallas criminal defense attorney who will listen to the facts of your case and make every effort to help you achieve the best possible outcome for your particular situation. Call The Law Offices of Richard C. McConathy for a free consultation at (972) 233-5700 about your driving with an invalid license offense.
Dallas DWLS Information Center
- Driving with a Suspended License in Texas
- Reasons A Texas License May Be Suspended
- Penalties in Dallas for Driving with a Suspended License
- Driver Responsibility Program in Texas
- Dallas Resources for Driving With a Suspended License
According to Tex. Transp. Code § 521.457, an individual can be charged with Driving While License Invalid if they operate a motor vehicle on a highway:
- After their license has been cancelled for any reason and their license has not been subsequently reissued;
- During a period where their license or privilege to drive is suspended or revoked under any law of the state;
- While their license is expired if the license expired during a period of suspension; or
- After renewal of their driver’s license has been denied for any reason and their license has not been subsequently reissued.
An individual can also be charged with this offense if they operate a motor vehicle on a highway while under an order prohibiting them from obtaining a driver’s license.
It is not a defense to DWLS prosecution that the person did not receive actual notice of a suspension imposed a result of a conviction for any of the following offenses:
- Criminally negligent homicide – Tex. Penal Code § 19.05
- Evading arrested if the offender used a motor vehicle in the commission of the offense –Tex. Penal Code § 38.04
- Driving while intoxicated – Tex. Penal Code § 49.04
- DWI with a child passenger – Tex. Penal Code § 49.045
- Intoxication manslaughter – Tex. Penal Code § 49.08
- Intoxication assault if the offender use a motor vehicle to commit the offense – Tex. Penal Code § 49.07
- Any offense punishable as a motor vehicle felony
- Possessing a fake license – Tex. Transp. Code § 521.451 or 521.453
- Manslaughter if the offender used a motor vehicle in the commission of the offense – Tex. Penal Code § 19.04
- Hit and Run – Tex. Transp. Code § 550.021
If the license was suspended or revoked for any other reason, it is an affirmative defense the driver did not receive notice of the suspension.
There are several reasons a person’s driver’s license may be suspended in Dallas. A few common reasons for license suspension in Dallas can include, but are not limited to:
- Failure to appear
- Failure to pay fines
- Certain medical conditions or disabilities
- A conviction for vehicular criminally negligent homicide
- A conviction for vehicular manslaughter
- A conviction for any DWI offense
- A conviction for a felony motor vehicle offense
- A conviction for hit and run
- A conviction fleeing and eluding law enforcement
- A court order or judgment revoking or suspending a license
- Failure of a driving test
- Too many traffic tickets within a given year
- Lack of valid insurance
- Possessing a fake or phony driver’s license
Operating a vehicle with a suspended or revoked license can result in the penalties listed below, according to Chapter 12 of the Texas Penal Code.
- Generally a DWLS offense is punishable as a Class C misdemeanor for a first offense. This degree of offense can result in a fine up to $500.
- A DWLS offense is punishable as a Class B misdemeanor if the offender has previously been convicted of this type of offense, they were operating the vehicle without valid insurance at the time of the offense, or their license has previously been suspended from committing a DWI offense. An individual who is convicted of this degree of misdemeanor could face up to 180 days in jail and/or a fine not more than $2,000.
- This offense is punishable as a Class A misdemeanor offense if the individual was operating a vehicle without valid insurance and caused death or serious bodily injury to another person. A conviction for this offense can result in a jail sentence up to one year and/or a fine up to $4,000.
According to Tex. Transp. Code Ann. § 708.052, points are assigned to a driver’s record for a period of three years for committing certain traffic offenses. If an individual is convicted of certain moving violations, such as operating a motor vehicle while license was invalid, they will receive two points on their record. If the violation resulted in a crash, the driver will be given three points.
If an individual receives six or more points on their record for any combination of offenses, they will be required to pay surcharges, which are administrative fees charged to drivers who have too many points on their driving record. For the first six points, a driver will be required to pay a surcharge of $100 plus $25 for each point after the first six. The driver’s record is reviewed each year. If six points remain on the record at any given time, the driver will be required to pay surcharges for at least one year.
Texas Transportation Code – This link is to section 521.457 of the Texas Transportation Code, which defines driving with an invalid license that has either been suspended or revoked and the penalties an individual can receive if they are convicted of this offense.
Texas Driver Responsibility Program – This link is to information about the Texas Driver Responsibility Program, as provided by the Texas Department of Public Safety (TxDPS). This resource includes details about surcharges for points on a driver’s record for certain convictions, including driving with an invalid license.
Texas Department of Public Safety – Traffic Offenses – This link is to Texas Department of Public Safety pages on information for license suspensions that resulted from committing certain traffic offenses, including driving with an invalid license, and how to reinstate a license after the suspension period is over. A Dallas Department of Public Safety office is located at:1500 Marilla 1B South
City of Dallas Building
Dallas, Texas 75201
Phone: (214) 651-1859
The Law Offices of Richard C. McConathy | Fort Worth DWLS Attorney
Contact The Law Offices of Richard C. McConathy today for a consultation about your driving with a suspended license offense throughout Dallas County in Texas. Richard McConathy is an experienced Dallas defense attorney who will make every effort to help you avoid serious penalties and punishments for your alleged offense.
Contact The Law Offices of Richard C. McConathy at (972) 233-5700 for a consultation about your alleged DWLS offense throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.