License Suspensions, Revocations, and Surcharges

What conduct could lead to driver's license suspension?

Grounds for suspension vary by state. A local lawyer will be able to give you details about your state laws.

Refusal to submit to a field sobriety or
Breathalyzer test will probably result in suspension.

What conduct could lead to driver's license revocation?

Grounds for revocation also vary from state to state. Your license may be revoked for violating specific laws, such as those pertaining to habitual reckless driving, drunken driving, nonpayment of your motor vehicle excise tax, using a motor vehicle to commit a felony, or fleeing from or eluding the police.

State A suspended/revoked my driver's license, but I have a valid license in State B. Can I drive in State A?

Consult your lawyer if you find yourself in this situation. Under the law of some states, a valid driver's license from another jurisdiction does not enable you to drive on the highways of a state that has cancelled, suspended, or revoked your license. However, other states have held that a license properly issued by a foreign state under the Driver's License Compact ends the suspension or revocation of a motorist's original license.

The Perils Of Driving With A Suspended Or Revoked License

If you are stopped while driving with a suspended or revoked license, you are likely to be arrested. The state usually has to show that your license or privilege to drive was revoked or suspended on the occasion in question, and that you were driving a motor vehicle on a public highway at the time of the offense.

At a minimum, the offense is usually a serious misdemeanor that carries with it a stiff fine and possibly some time in the local jail. Some states consider the crime a felony that lands the offender in state prison or with a significant amount of community service to work off, particularly if the suspensions or revocation was based upon a DUI.

DWI/DUI Surcharge and License Suspension for Failure to Pay Surcharge

The DWI surcharge law, Transportation Code § 708.102, went into effect on September 1, 2003. It states, in relevant part, that

(b) Each year the department (Department of Public Safety, DPS) shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

(1) $1,500 per year for a second or subsequent conviction within a 36-month period; and

(2) $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

DPS maintains that it can suspend the driver's license of anyone who fails to pay this surcharge (virtually arrest) is (usually arrest). Chapter 708 of the Transportation Code does not provide for a license suspension in the event of nonpayment. It remains to be seen whether such a suspension is valid.

If you or someone you know has been charged with a DWI/DUI, call 903-744-4252 to speak immediately with a Criminal Defense Trial Attorney.