What Are Your Rights When Charged With Operating a Vehicle with a Suspended License? Your Legal Options Explained
In Texas, your driving privileges can be suspended for a variety of reasons, including failing to have the minimum required amount of insurance, falling behind in your child support payments, driving while intoxicated, or accumulating too many moving violations within a certain period.
If your license has been suspended and you’re pulled over while behind the wheel, you can face an additional charge of operating a motor vehicle with a suspended license. Is driving with a suspended license charged as a felony in Texas? If not, how is it charged? What are the potential consequences of a conviction?
Is Driving With a Suspended License in Texas a Felony?
No. Driving with a suspended license is never charged as a felony in Texas. It’s always a misdemeanor, but the type of misdemeanor depends on a number of factors:
- If it’s your first time being charged with DWLI (driving while license invalid), you’ll typically be charged with a Class C misdemeanor.
- If you’re a repeat offender, the charge can be elevated to a Class B misdemeanor.
- If you’re driving on a suspended license, have no insurance, and have caused death or serious bodily injury in a motor vehicle accident, the charge can be upgraded to a Class A misdemeanor.
What Are the Potential Penalties for a Conviction of Driving With a Suspended License in Texas?
If it’s your first offense and there are no complicating factors (you have insurance and you have not caused an accident involving death or serious bodily injury), you may be fined up to $500, but you won’t face incarceration. Repeat offenders may potentially be sentenced to up to 6 months in jail and fines of up to $2,000. If you are prosecuted for a Class A misdemeanor, the most serious DWLI charge, you could be incarcerated for up to a year and face fines of up to $4,000.
Is There Any Way that You Can Drive When Your License Has Been Suspended in Texas?
In Texas, you can apply for a limited license to drive, known as an occupational driver license (ODL), that allows you to legally operate a motor vehicle when your basic driver’s license has been suspended or cancelled. The ODL applies only to personal vehicles and is valid only for travel to and from work, school, or other essential duties.
To qualify for an ODL, you must demonstrate that your license was not suspended because of a mental or physical disability or because you’ve fallen behind in child support payments. Additionally, you must show that you need to drive for work, school, or medical appointments, or in order to meet family needs. You may also be required to have an ignition interlock device or obtain a high-risk auto insurance policy.
Let Bailey & Galyen Protect Your Rights in Any Felony or Misdemeanor Prosecution
At the law offices of Bailey & Galyen, we have fought for the rights of criminal defendants in Texas and nationwide for decades. We have a comprehensive understanding of criminal law and procedure and know how to fully protect your constitutional rights. Contact us by e-mail or call our offices to set up a free initial consultation with an experienced DFW criminal law attorney. Our phones are answered 24 hours a day, seven days a week.
