Eleanor Finch
Texas takes traffic violations very seriously, and a license violation can result in a criminal charge, fines, and other penalties. Texas Transportation Code Chapter 521 outlines the rules for driver licensing in the state, and a violation of these laws can result in significant consequences. For example, driving without a license is prohibited under Texas Transportation Code § 521.021, and penalties for a violation include fines of up to $200 for a first conviction and up to $500 for a third or subsequent conviction within one year. Texas also has laws regarding license suspension and revocation, including for causing a serious accident, habitual traffic violations, and failure to pay required reinstatement fees. Additionally, driving while license invalid (DWLI) can result in fines and even jail time, depending on the circumstances and the number of violations. Texas also imposes restrictions on driver's licenses, such as wearing glasses or contacts, and violating these restrictions is also considered a violation of Texas law. Given the potential severity of license violations in Texas, it is important for drivers to be aware of the laws and regulations and to seek legal guidance if facing any charges.
| Characteristics | Values |
|---|---|
| Driving without a license | First offense: Misdemeanor with a fine of up to $200 |
| Second offense: Misdemeanor with a fine of $25-$200 | |
| Third offense: Misdemeanor with a fine of $25-$500 and possible jail time | |
| Driving without a valid license | First offense: Fine of up to $200 |
| Second offense: Fine of $25-$200 | |
| Third offense: Fine of $500 | |
| Driving while license invalid (DWLI) | First offense: Fine of up to $200 |
| If the unlicensed driver caused an accident: Fine of up to $4,000 and up to one year in jail | |
| If the unlicensed driver was uninsured: Fine of up to $2,000 and up to 180 days in jail | |
| Driving without a license and causing an accident | Class A misdemeanor: Fine of up to $4,000, up to one year in jail, and extended license suspension |
| Failing to update address or legal name change | Violation of Texas law § 521.221(c); the court may dismiss the ticket if the address change is submitted within 20 days of the offense and a $20 fee is paid |
| Causing a serious accident or habitually violating traffic laws | The Texas Department of Public Safety can suspend or revoke a driver's license |
| Under 21 and convicted of an alcohol or drug offense | The Texas Department of Public Safety will suspend driving privileges |
| Minor driver convicted of two traffic offenses in 12 months | The Department of Public Safety can call an administrative suspension hearing |
| Failing or declining a blood alcohol or breathalyzer test | Administrative License Revocation (ALR): The driver's license can be revoked |
| Court-ordered suspension, revocation, or cancellation | If a court finds a driver mentally incapacitated, chemically dependent, or delinquent on child support payments, it can order a license suspension |
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What You'll Learn
Fines and penalties for driving without a license
Texas law requires all residents operating a motor vehicle to have a valid driver's license. Non-residents who move to Texas are given 90 days to exchange their out-of-state license for a Texas driver's license. Driving without a valid license in Texas is illegal and can result in severe consequences, including fines, imprisonment, or both.
The penalties for driving without a license vary depending on the circumstances and the number of violations within a 12-month period. For a first offense, the maximum fine is $200. For a second conviction within one year of the first, the offense is a misdemeanor punishable by a fine of $25 to $200. For a third or subsequent conviction within a year of the second, the offense is a misdemeanor punishable by a fine of $25 to $500 and/or confinement in county jail for 72 hours to six months.
If an unlicensed driver causes an accident resulting in injury or death, the penalties increase significantly. In these cases, the maximum fine increases to $4,000, and the driver may face up to one year of imprisonment. If an unlicensed driver is uninsured and caused an accident resulting in injury or death, they could face a Class A misdemeanor, punishable by up to a $4,000 fine and up to one year in jail, as well as an extended license suspension.
Additionally, driving with a suspended, revoked, or cancelled license is considered a Class C misdemeanor in Texas, with a fine of up to $500. If there are previous violations or DUI convictions, the charges can be escalated to a Class B misdemeanor, with fines of up to $2,000 and potential jail time of up to six months. If an uninsured driver causes an accident resulting in injuries, they may be charged with a Class C misdemeanor, punishable by up to a $4,000 fine and one year in jail.
It is important to note that Texas law gives individuals the opportunity to show their license to a judge and have the charge dismissed with the payment of a $10 administrative fee.
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License suspension for traffic violations
Texas has a range of penalties for traffic violations, including fines, license suspension, and jail time. The specific penalty imposed depends on the nature and severity of the violation, as well as the driver's history of prior offenses.
License Suspension
The Texas Department of Public Safety has the authority to suspend or revoke a driver's license in certain circumstances. For example, a license may be suspended if the driver:
- Causes a serious accident
- Habitually violates traffic laws
- Is under 21 and convicted of an alcohol or drug offense
- Fails or refuses a blood alcohol or breathalyzer test
- Is found by a court to be mentally incapacitated, chemically dependent, or delinquent on child support payments
Traffic Violations Resulting in Fines and/or Jail Time
Driving without a valid license in Texas is a violation that can result in fines and other penalties. The penalties for a first offense include a fine of up to $200. For a second offense, the fine ranges from $25 to $200, and for a third offense, the fine increases to $500. These fines are in addition to any other penalties for concurrent offenses.
Texas law also imposes restrictions on certain drivers, such as the requirement to wear glasses or contacts, drive only during the daytime, adhere to speed restrictions, or be supervised by a licensed driver over the age of 21. Violating these restrictions is considered a traffic violation.
More serious traffic violations, such as driving while intoxicated (DWI), can result in misdemeanor or felony charges, depending on the circumstances and the driver's history of prior convictions. A DWI offense is typically classified as a Class B misdemeanor for a first offense and a Class A misdemeanor for a second conviction. If a driver is convicted of a DWI with a child passenger, it is considered a felony, even for a first offense.
Hearing and Appeal Process
Drivers facing license suspension or revocation have the right to request a hearing to challenge the Department's decision. This request must be made within 20 days of receiving the notification of suspension or revocation. If the administrative hearing results in a suspension, the driver may be able to apply for an occupational license or take other steps to reinstate their driving privileges.
It is important to note that Texas law requires drivers to keep their address updated with the Texas Department of Public Safety within 30 days of moving. Failure to do so can result in additional penalties.
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License revocation for blood alcohol tests refusal
Texas has an implied consent law, which means that by obtaining a driver's license, you have automatically consented to a chemical test (blood or breath) if suspected of driving while intoxicated (DWI). This is usually requested by an officer who has probable cause to suspect DWI, such as reckless driving or the smell of alcohol. You do have the statutory right to refuse, but this will result in an automatic license suspension.
If you refuse a breath test, an officer can obtain a search warrant from a judge to perform a blood draw. You can still refuse the blood draw, but this will also lead to an automatic license suspension. The suspension length varies depending on factors such as prior DWI convictions or test refusals. For a first-time refusal, the license suspension is 180 days, while subsequent refusals can result in longer suspensions of a minimum of two years.
If your license has been suspended, you will be notified by mail, and you may request a hearing within 15 days of the arrest. At the Administrative License Revocation (ALR) hearing, your attorney can present arguments and evidence to challenge the suspension and request early discovery of documents related to the underlying DWI case. If the challenge is successful, the suspension may be revoked, and driving privileges restored. If not, an Occupational Driver's License (ODL) may be an option, allowing limited driving for essential activities.
It is important to note that refusing a chemical test may not help you avoid a conviction. While blood and breath test results play a crucial role in determining intoxication, you can still be found guilty without them. In such cases, the prosecution can argue that your refusal indicates a consciousness of guilt, and you may face serious consequences. Therefore, it is advisable to seek legal advice from a DWI defense lawyer to understand your options and navigate the complexities of Texas DWI laws.
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DWLI (Driving While License Invalid) penalties
Driving While License Invalid (DWLI) is a common charge in Texas, but the penalties can be severe. DWLI is classified as a Class C misdemeanour, but there are exceptions and aggravating factors that can enhance the charge to a Class B or Class A misdemeanour.
Firstly, it is important to note that a DWLI charge can occur not only when driving with a revoked or suspended license but also when a license has expired, been denied, or cancelled. This means that even if you believe your license to be valid, you may still be charged with DWLI if, for example, you have forgotten to pay traffic tickets or failed to pay insurance.
Upon a first conviction, the Department of Public Safety will automatically suspend your license. This first conviction can also result in a fine of up to $500 and additional surcharges. It is important to resolve these surcharges and any other issues, as they can lead to a downward spiral that some people find hard to escape.
If you are caught driving while your license is invalid for a second time, this will enhance the charge. A second DWLI conviction is a Class B misdemeanour, which is punishable by up to 180 days in jail and a $2,000 fine. The case of Barker v. State illustrates this point: the defendant was convicted of a Class B misdemeanour DWLI with a prior conviction. The defendant argued that the state failed to show his license was invalid, but the appellate court disagreed, citing sufficient proof of revocation.
In addition to the above penalties, there are further consequences to a DWLI conviction. For example, you will need to obtain a Financial Responsibility Insurance Certificate (SR-22) from an authorized insurance company, which must be maintained for two years from the date of conviction. You will also need to pay a $100 reinstatement fee and any other outstanding fees owed.
It is important to note that DWLI cases can be complicated, and it is recommended that you hire a lawyer with experience in these types of cases to help you resolve the charges and get your license back in good standing.
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Traffic misdemeanors and felonies
Texas law categorises traffic violations as misdemeanours or felonies. Misdemeanours are less serious than felonies, but both remain on the offender's criminal record. Texas law defines three classes of misdemeanours, each with a range of penalties.
Traffic Misdemeanours
Class C misdemeanours, the least serious, include possession of alcohol in a motor vehicle. A first conviction for driving while intoxicated (DWI) is a Class B misdemeanour, while a second conviction becomes a Class A misdemeanour. A first conviction for driving without a license is also a Class B misdemeanour, with a fine of up to $200. A second conviction within a year carries a fine of $25 to $200, while a third conviction within a year can result in a fine of $25 to $500 and up to six months in jail. Driving without a valid license can also lead to additional penalties, such as car impoundment.
Class A misdemeanours, the most serious type, can result in a maximum fine of $4,000, up to one year in jail, or both. This includes DWLI offences where an uninsured driver causes an accident resulting in injury or death.
Traffic Felonies
Some traffic violations, like driving while intoxicated with a child passenger, are felonies on the first offence. Other violations become felonies with repeated convictions or when they result in serious harm or death. Texas categorises felonies into five types:
- State Jail Felony: Up to two years in state jail and a fine of up to $10,000.
- Third Degree Felony: Two to ten years in a correctional institution and a potential fine of up to $10,000.
- Second Degree Felony: Two to twenty years in a correctional institution and a possible fine of up to $10,000.
- First Degree Felony: Five to ninety-nine years or life imprisonment, with a potential fine of up to $10,000.
- Capital Felony: Life imprisonment or the death penalty.
License Suspension and Revocation
The Texas Department of Public Safety can suspend or revoke a driver's license under various circumstances, including causing a serious accident, habitual traffic violations, or failure to pay required reinstatement fees. Drivers under 21 convicted of alcohol or drug offences will have their licenses automatically suspended. An administrative suspension hearing may be called if a minor driver accumulates two traffic offences in 12 months. Additionally, a driver's license can be revoked if they refuse a blood alcohol or breathalyzer test. Court-ordered suspension or revocation may occur if a court finds a driver mentally incapacitated, chemically dependent, or delinquent on child support payments.
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Frequently asked questions
Driving without a license in Texas can result in a criminal charge, fines, and other penalties. For a first offense, a ticket for no license can be up to $200. The penalties increase for repeat offenses, with a minimum fine of $25 and a maximum of $200 for a second offense, and a fine of up to $500 for a third offense. In addition to these fines, violators could face car impoundment or even jail time.
A serious license violation in Texas can result in the suspension or revocation of a driver's license. This can occur if someone causes a serious accident, habitually violates traffic laws, or fails/declines a blood alcohol or breathalyzer test. If an unlicensed driver causes an accident resulting in injury or death, they may face a maximum fine of $4,000, up to one year in jail, and an extended license suspension.
To get a traffic ticket dismissed in Texas, the requester must first locate the court, which is usually provided on the ticket. After locating the court, the requester should enter a not guilty plea, which can be done in person or by mail. The requester can also get the ticket dismissed by taking an approved driving safety course.
