In the State of Texas, Driving While License Invalid ("DWLI"), or Driving While License Suspended ("DWLS") is classified as a Class B misdemeanor and is governed under Section 521.457 of the Texas Transportation Code. If an individual has a prior DWLS or DWLI conviction, then it can be charged as a class A misdemeanor, which would include a higher range of punishment and possibly a higher DPS surcharge.
Section 521.457 Texas Transportation Code. DRIVING WHILE LICENSE INVALID
(a) A person commits an offense if the person operates a motor vehicle on a highway:
(1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;
(2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;
(3) while the person's driver's license is expired if the license expired during a period of suspension; or
(4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter.
(b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway.
(c) It is not a defense to prosecution under this section that the person did not receive actual notice of a suspension imposed as a result of a conviction for an offense under Section 521.341.
(d) Except as provided by Subsection (c), it is an affirmative defense to prosecution of an offense, other than an offense under Section 521.341, that the person did not receive actual notice of a cancellation, suspension, revocation, or prohibition order relating to the person's license. For purposes of this section, actual notice is presumed if the notice was mailed in accordance with law.
(e) Except as provided by Subsection (f), an offense under this section is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500; and
(2) confinement in county jail for a term of not less than 72 hours or more than six months.
(f) If it is shown on the trial of an offense under this section that the person has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003, the offense is a Class A misdemeanor.
(g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.
Driving with an Invalid or Suspended License
The Law Offices of Carl David Ceder, PLLC, has helped many individuals accused of Driving While License Invalid or Suspended. It is a big mistake to NOT take these charges seriously. If convicted, the penalties could include additional surcharges and license suspensions. This can lead to an endless circle of DPS surcharges and fees that can mount up leaving an individual in a hole that can be very difficult to be removed from. Our office has helped many people to not only get their cases dismissed, but can also has assisted in navigating through the Texas DPS system to help fix your license problems. This can help get you back driving legally again and will help to avoid another DWLI or DWLS arrest.
Please call The Law Offices of Carl David Ceder, PLLC, for a skilled, experienced, and aggressive attorney who will work to assist you to keep your license and ability to drive. We have a strong track record for defending individuals against a variety of criminal accusations, including all Driving While License Invalid and Suspended charges. Please contact us today at 214.702.CARL (2275) for a free consultation today.