What happens after a second no-insurance conviction in Texas?

5 receipts · verified

Last updated

TL;DR

After a second conviction for driving without financial responsibility, DPS suspends the license unless the person files and maintains proof of coverage for 2 years1. The court shall also order the vehicle impounded, for 180 days3, if the defendant owned it at the time of the offense and on the conviction date.2

What happens to the license after a second no-insurance conviction in Texas?

After a second conviction for driving without financial responsibility in Texas, DPS suspends the license unless the person files and maintains evidence of financial responsibility with DPS until the second anniversary of the date of the subsequent conviction.1 The Texas Transportation Code lets the Texas Department of Public Safety (DPS) waive the requirement to maintain evidence of financial responsibility if satisfactory evidence is filed showing that the person was in compliance at the time of arrest.1 Separately, DPS says that if a person convicted of a second or subsequent no-insurance violation had insurance on the vehicle at the time, submitting proof of insurance waives the SR-22 requirement.5 Part of the suspension rule reads, and the quoted text begins mid-sentence:

the department shall suspend the driver's license of the person unless the person files and maintains evidence of financial responsibility with the department until the second anniversary of the date of the subsequent conviction.

Texas Legislature (Texas Constitution and Statutes)1

What happens to the vehicle after a second no-insurance conviction in Texas?

Item What Texas law states
Order to impound The court shall order the sheriff to impound the vehicle if the defendant owned it at the time of the offense and on the conviction date.2
Length of impoundment 180 days3
Reimbursement fee The court imposes a reimbursement fee of $15 per day4
Proof needed for release Evidence of financial responsibility covering the 2 years3 after the defendant applies for release; the court shall allow proof in increments of at least six months

What the sources do not state

The sources used here do not state how storage costs are handled or what happens if proof is not provided.

Next step

The Texas Legislature publishes the suspension and impoundment rules in the Texas Transportation Code. The filing lookup tool is where to look up filing details for a situation.

Receipts

  1. 1

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 601.231 (Suspension of Driver's License)

    verified

    Open sourceSee the data
  2. 2

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 601.261 (Impoundment of Motor Vehicle)

    verified

    Open sourceSee the data
  3. 3

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 601.262 (Duration of Impoundment)

    verified

    Open sourceSee the data
  4. 4

    Texas Legislature (Texas Constitution and Statutes)

    Texas Transportation Code Sec. 601.263 (Reimbursement Fee for Impoundment)

    verified

    Open sourceSee the data
  5. 5

    Texas Department of Public Safety

    Financial Responsibility Insurance Certificate (SR-22)

    verified

    Open sourceSee the data