What is the penalty for driving with an invalid license in Texas?
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TL;DR
Unless an enhancement applies, the Transportation Code makes driving while license invalid a Class C misdemeanor, and the Penal Code sets the maximum fine for that class at $5002. The offense is a Class B misdemeanor in certain situations listed in the statute.
What is the penalty for driving while license invalid in Texas?
The Transportation Code says a person commits the offense by operating a motor vehicle on a highway during a period that the person’s license or privilege is suspended or revoked under any Texas law.1 Unless an enhancement applies, the offense is a Class C misdemeanor, and the maximum fine for a Class C misdemeanor is $5002. The Transportation Code makes the offense a Class B misdemeanor instead in certain listed situations. Part of the Transportation Code section on the offense reads:
an offense under this section is a Class C misdemeanor.
When does driving while license invalid become a Class B misdemeanor in Texas?
| Situation listed in the Transportation Code | Offense class |
|---|---|
| The person has previously been convicted of driving while license invalid.1 | Class B misdemeanor |
| The person was also operating the vehicle in violation of the Texas insurance requirement.1 | Class B misdemeanor |
| The person’s license was previously suspended as the result of an offense involving operating a motor vehicle while intoxicated.1 | Class B misdemeanor |
How long is a license suspension for driving while license invalid in Texas?
| Suspension type | Length DPS states |
|---|---|
| Departmental suspension, for a person convicted of an offense or involved in a crash while the license is invalid | 90 days3 |
| Mandatory suspension | up to 2 years3 |
Does a driving while license invalid conviction require an SR-22 in Texas?
DPS says a conviction for driving while license invalid requires an SR-22 that is submitted to DPS and maintained for two years from the date of conviction.3
Can a Texas insurer cancel a policy because of a suspended license?
The Insurance Code lets an insurer cancel a personal auto policy if the license or registration of the named insured, or of a household or customary driver, is suspended or revoked.4 An insurer may not cancel for that reason if the named insured consents to an endorsement terminating coverage for the person whose license is suspended or revoked.4
What the sources do not state
The sources used on this page do not state the punishment for a Class B misdemeanor, and they do not say which cases lead to a mandatory suspension rather than a departmental one.
Next step
The Texas Department of Public Safety explains the offense on its driving while license invalid FAQ page. This site also has a filing lookup tool.
Related questions
- Can I ask for a hearing on a license suspension in Texas?
- Can I pay my Texas reinstatement fee in installments or at a license office?
- How do I apply for an occupational license in Texas?
- How do I check if my Texas license can be reinstated?
- How much is the license reinstatement fee in Texas?
- What can I drive for with an occupational license in Texas?
- Who can get an occupational license in Texas?
Receipts
- 1
Texas Legislature (Texas Constitution and Statutes)
Texas Transportation Code Sec. 521.457 (Driving While License Invalid)
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Texas Legislature (Texas Constitution and Statutes)
Texas Penal Code Sec. 12.23 (Class C Misdemeanor)
Open sourceSee the data - 3
Texas Department of Public Safety
Section 10: Driving While License Invalid (DWLI)
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Texas Legislature (Texas Constitution and Statutes)
Texas Insurance Code Sec. 551.104 (Authorized Cancellation of Policies)
Open sourceSee the data