Driving While License Suspended (Invalid) - Texas Transportation Code Section 521.457

§ 521.457. Driving While license Invalid (Suspended)

(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.

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Austin DWI Lawyer - April 2, 2008 8:53 PM
From an email:I was arrested in 2005 while in the military in North Carolina for a DWI. My license is suspended in North Carolina but is it suspended in Texas?Answer:I assume you are living in Texas now? Ever apply for...
Comments (43) Read through and enter the discussion with the form at the end
Rick - October 22, 2007 11:56 PM

I was charged with driving with invalid license. My license were supened due to 2 DWIs 1-1991 and 2003. I have not completed my payments on my surcharges. I have court in a few weeks and need to find a lawyer. What do you think will happen to me?

julio - November 13, 2007 2:50 PM

if you are caught while driving with a suspended license and are required to go to court are you drug tested im in kissimmee florida

April Shehorn - May 6, 2008 12:59 PM

If a court date is set to go to court for this offense what is the penalty or sentances a judge orders?

Donna - June 28, 2008 8:26 AM

How can you find out if your driver's license was suspended? Live in Texas for a few months from Arkansas and haven't transfered over. Had a DL from Texas about 11 years ago.
Please answer...thanks d

Richard Donaldson - August 18, 2008 8:39 PM

My License expired in 1988, with NO hits against it.
Never been renewed.
IF, under article 501.003, my vehicle is Paid for/No Leins, and I am NOT identified as one to whom this code/chapter is Applicable, nor am I involved with anything covered in the Business and Commerce Code, Where am I made Liable/Required to ask/apply for any licenses or registration of my property ?

Thanking you in advance of your thoughtful response,

Rick

sherry guynup - September 30, 2008 1:12 PM

my texas dl was suspended due to no falt of my own. I traded a car in back in 2002 the car lot did not remove my name for the car and it was involved in a accident 4 days later. So when the ran the tags guess who it came back to me. My licens was suspended due to no insurance which i did accidently have but the insurance was a fly by night company and the say no you was not the owner. The car lot will not sign paper work stating I was not the owner. So I have no DL can anyone out there help me. If I do drive and get caught will I be arrested??? Help me please someone

pierieprohalf - December 27, 2008 9:59 AM

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Wes - January 5, 2009 2:27 AM

My license was suspended because of a late payment to the surcharge...I was just pulled over and received a ticket for invalid license. What is the average cost of a first offense?

Wes - January 26, 2009 4:08 PM

My address was updated however there is a mailing address on the account that my notice from the DPS was sent to. My permanent address was the one still listed on the license and was where I was awaiting my notice. However years ago when I lost my license I went to the DPS and had them send me a new one to where I was temporarily residing and it was here they sent the notice. It might good to let people know there is a permanent address and mailing address with the DPS.

tauatolo - February 4, 2009 11:33 PM

Hi how long do you usually get if you are arrested on a suspended licsense charge.. because I didn't go to court after and it became a warrant..

tony - February 15, 2009 2:20 PM

what is the penality for driving with a suspended license

Janet - February 24, 2009 2:33 PM

June of 2008 I had to plead guilty of suspension charge. One month after my license was revoked in KS for habitual offence. The last suspension I had, I wasn't notified so I got a total of 3(economy reason) why. But my sentence is revoke driving until 2011. A lawyer told me I can go to Arkansas or Texas for a hard ship/occupation license can I?

Heather - April 3, 2009 1:44 PM

My neighbor just got out of Jail last night for driving while suspended and 2 warrants for bad checks. Her court date is not until the 30th. She is BACK OUT ON THE ROAD DRIVING AS WE SPEAK!! WHAT ARE THE CONSEQUENCES SHOULD SHE GET STOPPED BEFORE HER COURT DATE?

J.diaz - April 28, 2009 8:26 PM

i was charged with driving while license (invalid) back in 2007 i was 18 at the time now im 21 havent gotten a traffic violation since now i wanna go into law enforcement t i was charged with a class b offense my point is that i think thats to high of a charge for a first timer and i was never nofied of the suspension i only owed 104.00 dollars to the surcharge.. any thing i can do ???

J.diaz - April 28, 2009 8:30 PM

i was charged with driving while license (invalid) back in 2007 i was 18 at the time now im 21 havent gotten a traffic violation since now i wanna go into law enforcement t i was charged with a class b offense my point is that i think thats to high of a charge for a first timer and i was never nofied of the suspension i only owed 104.00 dollars to the surcharge.. any thing i can do ???

J.diaz - April 28, 2009 8:30 PM

i was charged with driving while license (invalid) back in 2007 i was 18 at the time now im 21 havent gotten a traffic violation since now i wanna go into law enforcement t i was charged with a class b offense my point is that i think thats to high of a charge for a first timer and i was never nofied of the suspension i only owed 104.00 dollars to the surcharge.. any thing i can do ???

Jennifer - June 14, 2009 9:25 PM

I got a warning tictket (not a ticktet that I have to do something with the court) from a local shriff while I was driving with temporarily suspended liscence.
My license was suspended because of incomplete payment, and I am finishing my payment in a month.
Am I getting arrested..?

Jennifer - June 14, 2009 9:29 PM

((continued)))

By the way, it was an a emergency situation and that's why the officer gave me only a warning.

Ross Mularczyk - July 8, 2009 2:30 PM

I was stopped last month with Speeding 40 in a 35. and Driving Without A License And Failure To Produce License..im wondering what the legal ramifications are for this

chris - July 28, 2009 6:46 PM

Does anyone else paying surcharges get notices in the mail because all I get is a letter saying my dl is suspended. They say they send one out 30 days before you're supposed to pay but I never get anything. Also I was wondering how much the arrest rate for DWLI has increased with the perpetrated madness that is the tx driver responsibility program.

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SP3427 - October 8, 2009 1:39 PM

My son has just made his 2nd driver's license reinstatement fee payment. He was informed previously that he had to pay this because he was driving with a suspended license. I spoke with DPS at the time and told them his license had never been suspended. She informed me that driving with an expired license was the same. I've been researching and found it odd, that no one else is upset about this. This is the only reference I can find regarding Suspended/Invalid D. L. regarding an expired Driver's License.

§ 521.457. DRIVING WHILE LICENSE INVALID. (a) A person
commits an offense if the person operates a motor vehicle on a
highway:

(3) while the person's driver's license is expired if
the license expired during a period of suspension;

Since his license has never been suspended it didn't expire during a suspension. Am I misinterpretting this?

Lyle Robertson - November 26, 2009 11:46 AM

I lived in Airzona in 1995-1998 and in 1997 my Az drivers license was suspended for several different violations any way I moved bcak to California in 1998 and in 1999 I applyed and recived my CA drivers license and have maintaned a good driving record and have renewed twice with no trouble until this year when I recived my notice to renew my license I got the notice in july and my license expires in september so as soon as I got the notice I was able to renew online and on july 21,2009 I did the online renewal and got the conformatin letter that my online renewal had been accecpted and that I should recive my new license in about 10 days so I waited and after a month went by I called CA DMV to ask why I havent recived my license yt and I was told that I have a very common name and that it may take a bit longer to get my license so I waited about 2 weeks and still no license so I called again to see what the trouble was this time I was told that thy had my renewal and had recived payment and they were not sure why I hadnt recived my license yet and that that they might have to maneuly enter my information in the system and that they would make a note to have it entered manuely .so another week passed and with only 10 days befor my license is due to expire on Sep 19,2009 I called DMV again on 09/09/2009 to ask again what was the reason why I havent recived my license and this time I was told that my license renewal had a hold on it and could not be renewed because of a suspension I had on my Airzona DL in 1997 and that I would have to resolve the issues from Airzona and that Ca would have to get conformation from AZ that the issueshad been resolved and the suspension removed befor They could renew my license I was also told that if I were to get stoped in CA I could be cited for driving while suspended so I asked DMV why they had not informed me that I had these issues when I renewed on line and was given a accecptence letter stating my renewal was accecpted and why I was not notified of the suspension when California became aware of the AZ issues and how long had My Ca license been suspended. and why wasnt I told of the suspension when I called to ask about the delay on my renewal I was given the DMV runaround and not a anwser but I was told after asking that I would have been cited for driving while suspended if I got stopped and I wanted to know how I have managed to get my license in CA in 1999 and renew it 2 times with no trouble until now but I was evaded on my questions.any way I resolved the Airzona issues and got my ca license again but now CA has put the suspention on my record and said that it will stay there for the next 36 months even thoiugh Az said that they were not gong to put the suspension on my record and when I went to renew my car insurence this time my rates have incresed by almost 60 dolars. what are my rights as far as the CA DMV not informing me of the suspension and what can I do to make them remove the suspension from my record and can I file a law suit aganst Ca for failing to notify me of the suspension when they became aware of it.Please respond with any anwsers to scott_and_della@hotmail.com thank you.

Sue - March 5, 2010 6:34 PM

My son got a ticket for Minor in possession and has had his license suspended. He is in Oklahoma for college now and needs to be able to get to school and work. Can he drive in Oklahoma with a suspended Texas license and/or can he get a new OK license? He called both the Texas DPS which told him to call OK DPS since he was in Ok. He called OK and they have no recored of his suspension but told him he'd need to contact Texas DPS. We are all confused. If there is no recored of his license being suspended in OK I"m hoping he can drive there. ??

Danny - March 21, 2010 8:56 PM

I was charged with driving while license invalid in 2006. I went to court pled guilty and was sentenced to pay court costs and no license suspention. It is now 2010 some four years later and DPS is stating they are going to suspend my licence for that offence. I have the judgment and sentence for the charge. Can DPS over rule the courts judgment and do so four years after the offence?

KO - March 27, 2010 8:32 AM

Danny, I'm having the exact same problem for a ticket I received in 2006. At the time I received that ticket my license was suspended for late payment on an out of state ticket - unknown to me till now (no one told me, not even the officer who gave me the no seat belt ticket, nor the courts when I paid the ticket). I paid the ticket on time and apparently the suspension was lifted 2 weeks after that ticket. Well, now 4 years later in 2010, the DPS suspended my license for that ticket I received while my license was suspended in 2006 unknown to me... It's brutal and preventing me from being employed. If anyone knows of a way to fix this - please post solution. I've been dealing with DPS and Houston Municipal Courts for 2 days and continue to get looped around and around with no fix yet.

robert staite - May 26, 2010 7:32 PM

I was arrested by UT campus police in 2004 for driving with an invalid license and no insurance. I had hired a lawyer who's name escapes me now, paid my fines and moved to California September as my lawyer at the time said was ok, he had only one more court appearance.
On 5/10/10 six years later the DMV of CA sent me a letter informing me that i was loosing my license due to a suspension in Austin stemming from the Invalid license charge. The court clerk informed me that no one showed up for the last court date in october 04 and only now have they got around to suspending my license. Also i am informed that there has been a warrant for my arrest since oct 04 and that this case is still open.

Donald Nelson - August 5, 2010 10:27 AM

On 2/13/95 I was arrested an charged with Driving While License Suspended. It is fifteen years later an the charge is still showing on my record. When I called the county it occurred in, they that my charge is the same as a DWI. I also had one in a different county for the same charge in January of 1996. That one is no longer showing. My question is how can I get this charge from no longer showing on my record?

Nancy - September 20, 2010 6:50 PM

I received a DWI in 2005...and have had my license suspended off and on since then for DWLI due to lack of paying my surcharges and continuing to drive. Every time I have been pulled over since, it has been for expired regristration. I am currently driving on an occupational license, have paid ALL my surcharges, current and past due, and I have already paid my reinstatement fee. I haven't had a moving violation in over 5yrs, other than the DWLI's.. I maintain SR-22 insurance and have completely complied with the orders of my occupational license and I have one year left on my suspension (was suspended for 2yrs)... Is there anyway I can get the suspension on my license lifted early? I know I didn't abide by the law for an extended period of time...and continued to drive with a suspended license but I am not a bad driver, have never had anymore DWI's, don't have speeding tickets, haven't had any wrecks and they have gotten all of the money that is due from me... I have sent an email to DPS but wondered if I obtained a lawyer would it help me get my license back early?

Irma - November 17, 2010 9:48 AM

My husband got pulled over and was charged with a class b misd. for dricing w/out a valid drivers license. His court is next week. Do you think he will get a big fien? or how much time injail for this? Do people usually get jail time? All three times he was pulled over where for minor traffic violations nothing criminal. What do you think? Can he ask for probation without a lawyer?

naomi - November 23, 2010 2:47 PM

My question is how is you DL invalid through non-payment how does city override federal law invalid licence is treate like DWI your required to have ID or DL. Surcharges are keep citizens invalid The law states if you commit an offense is doesn't not say anything about any payment it Surcharges is going to be a debt to Texas which DMV has a old data base system that needs to be revised

naomi - November 23, 2010 2:48 PM

My question is how is you DL invalid through non-payment how does state override federal law invalid licence is treate like DWI your required to have ID or DL. Surcharges are keep citizens invalid The law states if you commit an offense is doesn't not say anything about any payment it Surcharges is going to be a debt to Texas which DMV has a old data base system that needs to be revised

Mario - December 10, 2010 6:08 AM

i have been charged for "driving while license suspended" and was jailed for over the 72 hours. The defense everyone should know is that you were placed in jail and no law library was in the county for any kind of defense. Violation 1 from civil servants; why did he stop you? did he do an ilegal search and seizure? Were you given a call?, Were your rights explained?, Your Constitutional Amendments were violated already. even if they appoint you a consel for your defense. you were encarcerated way before you were brought to trial, illegal due precess was committed, they should acquit or dismiss the charge because of these unjust tactics. never try and prove to court anything, the burden of proof should be on the state and not on you. To know what you are being charged for is different than you trying to be a witness against yourself. This is like trying to shoot yourself. "Get It?" Read your Constitutional Amendments if you dont have money, do it under Pro-Se. file motions for discovery under Pro-Se and a affidavit for indency to be accompanied with your motions. Hope this helps out someone. Be safe and dont admit nothing. It's like selling your soul. :)

Paulie - December 27, 2010 12:28 AM

So in 2003 I was charged with a DWI in Texas. I was told to attend a hearing to see whether or not my licsense would be suspended. Thing is I didnt go because, my CALIFORNIA liscense had expired in 2002 and I did not renew it. Yet, I my liscense (which i did not have) was suspended. So I guess my question is, how can you suspend something when you didnt have it to begin with?

Billy - February 18, 2011 8:29 PM

If an employee has a suspended driver's license in Texas, and the employer has told them to file an SR22 and get their license back before they can operate a company car, is the employer breaking any laws by allowing the employee to come to work everyday and operate their own car. The employee's job requires them to drive all day as a sales rep. Basically can the employer be held liable if while working the employee with a suspended license has an accident which results in injuries or death? Is there any Texas traffic laws specifically addressing this?

Julie - April 14, 2011 8:19 AM

My license was suspended due to not paying a ticket.I got pulled over and thats how i found out it was suspended. I went to the court and paid the ticket that got my license suspended so it will be un-suspended in 5-7 days. My question is since my license will be good before i have court in markham il what is the judge most lickey to do?

Julie - April 14, 2011 8:19 AM

My license was suspended due to not paying a ticket.I got pulled over and thats how i found out it was suspended. I went to the court and paid the ticket that got my license suspended so it will be un-suspended in 5-7 days. My question is since my license will be good before i have court in markham il what is the judge most likey to do?

Angela - May 19, 2011 8:21 AM

My fiance had his license suspended back in 2007 for one year. He had to take a dope class, pay a 225 reinstatement fee cuz they expiered whiel suspended. However after the year was up he got a driving on suspended licenes untill he paid the fee. well we paid all his tickets and fines and were told he was clear to take his driven test but when we got there he was told he couldn't take it untill 2013 how is that possible.

josiah alexandet - May 27, 2011 2:48 PM

I was in a car wreck over a year ago, a lady with no insurance ran a red light and totalled my vehicle. My license was suspended due to a failure to appear, however I was not driving on a highway, just a city road. Can I be charged for driving on a highway with a suspended license if I was not driving on a highway?

megan - August 8, 2011 3:28 PM

My son had a 30 day suspension on his license for an incident not related to driving or traffic fines. He drove 1 day and a game warden and DPS trooper called it in to the court. The trooper did not stop him and he didnt receive a citation. Can the court further fine/suspend his license?

Robert Dolly - May 3, 2012 6:43 AM

I Just got a ticket for invalid licence while driving in NJ (WERE I LIVE) well the thing is is't id only 2 i have my (GDL) PERMIT TO LEARN TO DRIVE. I GAVE BOTH THINGS TO THE OFFICER.AND THEY BOTH ARE STILL VALID BECAUSE ID EXP.IN 2015 AND THE PERMIT EXP.2013. this is my first thicket

Robert Dolly - May 3, 2012 6:47 AM

what should i do? to fight this?

Jill Paffumi - February 15, 2014 11:32 PM

HeLp!!! i had to go pick up a police report for my brother in hood county tx afterwards my 2yr old,my sister&i went down the road to tbe park to let my son play.we got out and were in the park when hood cty sheruff pulls up tells me hes arresting me ii r dwli....? how? i was not pulled over not even in the vehcle....how can i be arrested and charged wuth this but i was bonded out next morning and a week later i git a ticket for this charge in the mAik appear on or b4 jan31st i go to court they tell ne uts 267 i wanred a chance to explain to judge the situation instead lady says hes busy but will give me tik the 13th of feb. to pay it.that folliwing wed.when i called in to my bondsman i let him no i had went to court...he said o no u will still have to go to court on this bond charge..i have 1 charge dwli i told him that is what i went for...neways i end up hiring an attorney out of dallas they send a letter of rep to jydge judge excepts...i got tickets dismissed off my record and got a week to pay attrney says hood cty was odd about them handling the payment said i have to b the One to go.she also daid ill need a lawyer for the bond charge.i make an apot or next day...he asks me "wht r u wanting"? i s as y Ty o find out what he will charge to represent me....he said ask ur lawyer.? she says she cant o but hoid cty traffic tickets then he gets to looking and saysmy paperwork dont maje sense.....what it all comes ddown to is he saud they r doin a double jeopardy and that hood cty will prob arrest me ag as in..HOW CAN I B CHARGEF FOR NY BOND ARREST WHEN IT WAS THE SAME EXACT TICKET SAME CHARGE THAT WAS JUST DISMISSED?? HeLp!!!

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