driver license enforcement actions - txdps · driver license enforcement actions . dl-176 (rev....

24
Driver License Enforcement Actions DL-176 (Rev. June 2019) 1 Enforcement Action Criteria Penalty Insurance Certificate Required (SR-22) Reinstatement Fee Required (Must be paid prior to issuance or renewal of a license.) Ignition Interlock Required (TRC 521 Subchapter L & CCP Art.17.441 and Chapter 42A ) Occupational License Option (TRC 521 Subchapter L) Administrative Hearing Option (TRC 521 Subchapter N TRC 524 & 724) Statutory Reference/ Notes Revocations TRC 521 Subchapter N Section 521.294. Revocations are indefinite until compliance is received. REVOKED - REPEAT OFFENDER Individual is ordered by the court to attend a 32 hour repeat offender course after having been convicted of a second or subsequent DWI within a 10 year period. If the individual fails to complete the course by the end of the mandatory suspension period, the license will be revoked until the course is completed Failure to complete course will result in a revocation No No No Yes No CCP 42A.404, TRC 521.344(f); REVOKED - NRVC Individual fails to appear in court or has any unpaid court fines received in another state, that state may request the licensing state, take enforcement action under the Non- Resident Violator Compact (NRVC) License will remain revoked until the individual has resolved the outstanding violations/fees in the other state and evidence is submitted to the department No $100 No Yes Yes TRC 521.294(2); 521.294(5); 521.312(c); 703 REVOKED - INCAPABLE Individual may have their license revoked if they are found to be medically incapable of safely operating a motor vehicle by the Medical Advisory Board (MAB) License will be revoked until they have been medically approved No $100 No No Yes TRC 521.294 (1) REVOKED - MEDICAL ADVISORY BOARD - NO REPLY Individual may have their license revoked if they fail to provide required medical documentation to the Medical Advisory Board (MAB) License will be revoked until they provide medical documentation from their physician to the Medical Advisory Board for review No $100 No No Yes TRC 521.294 (3) REVOKED - TEST REQUIRED Individual may have their license revoked if they do not complete required comprehensive testing License will be revoked until they take and pass the required comprehensive tests. No $100 No No Yes TRC 521.294 (4) REVOKED - FAILURE TO COMPLETE DWI EDUCATION PROGRAM If an individual is placed on probation for a DWI and is required to complete a 12 hour DWI education course, but fails to complete the course within 180 days of the conviction date, the license will be suspended License will be revoked until the department receives Certificate of Completion for the DWI course No $100 No Yes No TRC 521.344(e) CCP 42A.403

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Page 1: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

Driver License Enforcement Actions

DL-176 (Rev. June 2019) 1

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

Revocations – TRC 521 Subchapter N Section 521.294. Revocations are indefinite until compliance is received.

REVOKED - REPEAT OFFENDER

Individual is ordered by the court to attend a 32 hour repeat offender course after having been convicted of a second or subsequent DWI within a 10 year period. If the individual fails to complete the course by the end of the mandatory suspension period, the license will be revoked until the course is completed

Failure to complete course will result in a revocation

No No No Yes No

CCP 42A.404,

TRC 521.344(f);

REVOKED - NRVC Individual fails to appear in court or has any unpaid court fines received in another state, that state may request the licensing state, take enforcement action under the Non-Resident Violator Compact (NRVC)

License will remain revoked until the individual has resolved the outstanding violations/fees in the other state and evidence is submitted to the department

No $100 No Yes Yes

TRC 521.294(2); 521.294(5); 521.312(c); 703

REVOKED - INCAPABLE Individual may have their license revoked if they are found to be medically incapable of safely operating a motor vehicle by the Medical Advisory Board (MAB)

License will be revoked until they have been medically approved

No $100 No No Yes

TRC 521.294 (1)

REVOKED - MEDICAL ADVISORY BOARD - NO REPLY

Individual may have their license revoked if they fail to provide required medical documentation to the Medical Advisory Board (MAB)

License will be revoked until they provide medical documentation from their physician to the Medical Advisory Board for review

No $100 No No Yes TRC 521.294 (3)

REVOKED - TEST REQUIRED

Individual may have their license revoked if they do not complete required comprehensive testing

License will be revoked until they take and pass the required comprehensive tests.

No $100 No No Yes TRC 521.294 (4)

REVOKED - FAILURE TO COMPLETE DWI EDUCATION PROGRAM

If an individual is placed on probation for a DWI and is required to complete a 12 hour DWI education course, but fails to complete the course within 180 days of the conviction date, the license will be suspended

License will be revoked until the department receives Certificate of Completion for the DWI course No $100 No Yes No

TRC 521.344(e)

CCP 42A.403

Page 2: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

2

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

REVOKED - MINOR FAILURE TO APPEAR

Minor, 17 years or younger has been issued a non-traffic citation that the court reported unpaid

License will be revoked until DIC-81 completed by the court, showing date of final disposition with matching cause numbers OR receipt of payment

No $100 No Yes Yes

Due to legislation passed in the 85th session, the department no longer has authority to process

REVOKED - SECTION 521.319

Individual has been determined by a court of law to be incapacitated for a medical reason

Individual is appointed a legal guardian and will be revoked until released by the court

No No No No No TRC 521.319

REVOKED DELINQUENT CHILD SUPPORT

The Attorney General's office or a Texas district court initiates revocation action for failure to pay child support

License will be revoked. The revocation will be lifted at the request of the AG’s office or the court that initiated the revocation. If the individual does not have a driver license, the revocation is placed on an identification card record, which will prevent a driver license from being issued.

No No No No No

An individual with an identification can still renew their ID card with status. FC 232.011(h); 232.012, 232.013, 232.014

REVOKED - MINOR - FAILURE TO PAY - NON - TRAFFIC

A minor, 17 years or younger, fails to comply with the requirement of a court of law

The minor individual’s license will be revoked No $100 No Yes No

CCP 45.050(e)

REVOKED - MINOR - FAILURE TO APPEAR - NON - TRAFFIC

A minor, 17 years or younger fails to comply with the requirement of a court of law

The minor individual’s license will be revoked

No $100 No Yes No

Due to legislation passed in the 85th session, the department no longer has authority to process

REVOKE - DHS OVERPAYMENT

DHS makes an overpayment to an individual and has not been able to collect

Individual must comply with requirements of DHS. DHS will notify the department when the revocation should be lifted

No No No Yes No HRC 23.003

Page 3: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

3

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

REVOKED - SEX OFFENDER

Texas Code of Criminal Procedure requires that individuals, who are required to register as a sex offender, obtain a driver license or identification card on a yearly basis. The DL/ID must be renewed on an annual basis or it will be revoked

Revocation will stay in effect until the individual renews DL/ID in the driver license office No No No No No

CCP 62.60; 62.201; 62.2021; 62.203; TRC 521.348

Departmental Suspensions - TRC 521 Subchapter N. These statutes govern the administrative actions initiated by the Department

DEPT SUSPENSION - VIOLATE RESTRICTION

Individual receives two or more convictions for Violation of Restriction.

If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year

No $100 No Yes Yes

TRC 521.292(a)(6); 521.293

DEPT SUSPENSION PROVISIONAL - LICENSE VIOLATION

Individual is convicted of 2 moving violations within 12 months and holds a provisional license during the time of the offenses

If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year

No $100 No Yes Yes

TRC 521.292(a)(8); 521.313; 521.293

DEPT SUSPENSION -HABITUAL VIOLATOR

Individual is considered a habitual violator if they have been convicted of 4 moving violations that arise in separate incidents in a 12 month period or 7 within a 24 month period

If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year

No $100 No Yes Yes

TRC 521.292 (a)(3) & (9)(b); 521.313; 521.293

DEPT SUSPENSION - OUT OF STATE CONVICTION

The department receives notice of a conviction and suspension notice from another state

If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and there is an affirmative finding, the license may be suspended for a period up to 1 year

No $100 No Yes Yes

TRC 521.294(a)(5); 521.312(c); 521.313; 521.293

DEPT SUSPENSION - DWLI Individual receives a conviction for a moving violation while driving with a suspended, cancelled, revoked, or denied license, the

If no hearing is requested, there is an automatic suspension period of 90 days. If a hearing is held and

No $100 No Yes Yes TRC 521.292(a)(1); 521.293

Page 4: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

4

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

license will be suspended by the department for driving while license was invalid

there is an affirmative finding, the license may be suspended for a period up to 1 year

DEPT SUSPENSION-DWLD/DWLI

If an individual receives a conviction for DWLD and it is determined that they operated a commercial motor vehicle on a highway while the license or driving privilege was suspended, cancelled, disqualified , revoked or denied.

If no hearing is requested License suspension is one year. If a hearing is held and there is an affirmative finding, the presiding officer may set the period of suspension not to exceed 1 year

No Yes No Yes Yes

TRC 521.292(a)(1), 521.293,

Disqualifications - TRC 522 governs the departments authority to take disqualification action, for individuals who hold a CMV driver license or are driving a CMV at the time of the offense

DISQUALIFIED DWLD - DISQ

Individual operated a commercial vehicle on a highway while their commercial driving privilege was disqualified

Disqualified for the term of original disqualification; or one year based on the suspension period of the underlying enforcement action

No No No No Yes

TRC 522.081(b)(2)(E)

DISQUALIFIED - REFUSED TEST FOR ALCOHOL - IMPLIED CONSENT LAW

Individual refused to provide a specimen or specimens of blood, breath, or urine to determine alcohol concentration or the presence in the individual’s body of a controlled substance or drug while driving a commercial motor vehicle

Disqualified for one year

No No No No No

TRC 522.081(b)(3)

DISQUALIFIED - PRIOR DISQUALIFICATION IN A CMV

Individual previously disqualified for an offense committed in a CMV

Disqualified for one year or up to a lifetime based on the number of prior disqualifications

No No No No No TRC 522.081(e)

DISQUALIFIED - ADMINISTRATIVE PER SE FOR .08 BAC

Individual who holds a commercial driver license or was operating a motor vehicle, other than a commercial motor vehicle and provided a blood alcohol concentration of .08 or more

Disqualified for one year Before 6/01/2005 individual had to be operating a commercial motor vehicle only

No No No No No

TRC 522.081(b)(4)(B)

DISQUALIFIED - ADMINISTRATIVE PER SE FOR .10 BAC

Individual who holds a commercial driver license and while operating a motor vehicle, other than a commercial motor vehicle, provided a blood alcohol concentration of .10 or more

Disqualified for one year

No No No No No

TRC 522.081(b)(4)(B)

Page 5: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

5

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

DISQUALIFIED -ADMINISTRATIVE PER SE FOR BAC AT (DETAIL FIELD REQUIRED)

Individual who holds of a commercial driver license and while operating a motor vehicle, other than a commercial motor vehicle, provided a blood alcohol concentration that is specified in the report

Disqualified for one year

No No No No No

TRC 522.081(b)(4)(B)

DISQUALIFIED - SUBSEQUENT CMV CONVICTION

Individual receives two or more convictions for offenses involving alcohol, leaving the scene of an accident or commission of a felony while operating a commercial motor vehicle

Lifetime disqualification

No No No No Yes

TRC 522.081(d)

DISQUALIFIED - 2 SERIOUS TRAFFIC VIOLATIONS

Individual receives two (2) Serious Traffic Violations within a 3-year period

Disqualified for 60 days No No No No Yes TRC 522.081(a)(1)(A)

DISQUALIFIED - 3 SERIOUS TRAFFIC VIOLATIONS

Individual receives three (3) Serious Traffic Violations within a 3-year period

Disqualified for 120 days and runs consecutive with previous disqualification

No No No No Yes TRC 522.081(a)(2)(A)

DISQUALIFIED - DWI - CMV AND/OR CDL

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of Driving While Intoxicated or Under the Influence of Alcohol or a Controlled Substance

Disqualified for one year

IF TRANSPORTING HAZ MAT:

3 year disqualification

No No No No No

TRC 522.081(b)(2)(A); 522.081(c)(1)(A)

DISQUALIFIED - DUI - CONTROLLED SUBSTANCE

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of Driving While Intoxicated or Under the Influence of Alcohol or a Controlled Substance

Disqualified for one year IF TRANSPORTING HAZ MAT: 3 year disqualification No No No No No

TRC 522.081(b)(2)(A); 522.081(c)(1)(A)

DISQUALIFIED - FELONY - CMV AND/OR CDL

Individual convicted of using commercial motor vehicle in the commission of a felony

License Disqualified for one year License Disqualified for LIFE for specific offenses

No No No No No TRC 522.081(b)(2)(C); 522.081(d)(2)

Page 6: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

6

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

DISQUALIFIED - CONTROLLED SUBSTANCE - CMV AND/OR CDL

Individual holds a commercial driver license or while operating a commercial vehicle on a highway and convicted of a Controlled Substance

Disqualified for one year

IF TRANSPORTING HAZ MAT:

3 year disqualification

No No No No No

TRC 522.081(b)(2)(A); 522.081(c)(1)(A)

DISQUALIFIED OUT OF SERVICE ORDERS - HZMT AND OR PASS

Individual holds a commercial driver license carrying hazardous materials or transporting more than 15 passengers is convicted of an out of service order

Disqualified for a period of not less than 180 days nor more than 2 years if the driver is convicted of a 1st violation Subsequent violations - Disqualified for a period of not less than 3 years nor more than five years based on the number of subsequent convictions that occur during any ten-year period If the court fails to set a period of Disqualification, the Department must Disqualify 90 days on the 1st violation 1 year for the 2nd violation 3 years for the 3rd or subsequent

No No No No No

CFR 391.15(d)(2)(iv)

DISQUALIFIED - DWI CMV AND/OR CDL 0.04 OR >

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of having an alcohol concentration of .04 or more

Disqualified for one year

No No No No No

TRC 522.081(b)(2)(A); 522.081(b)(4)(A)

DISQUALIFIED - DWI CMV AND/OR CDL 0.08 OR >

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of having an alcohol concentration of .08 or more

License will be Disqualified for one year

No No No No No

TRC 522.081(b)(2)(A); 522.081(b)(4)(B)

DISQUALIFIED - DWI CMV AND/OR CDL 0.10 OR >

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting

Disqualified for one year No No No No No TRC 522.081(b)(2)(A);

522.081(b)(4)(B)

Page 7: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

7

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

hazardous materials was convicted of having an alcohol concentration of .10 or more

DISQUALIFIED - DWI CMV AND/OR CDL WITH BAC (DETAIL REQUIRED)

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of having an alcohol concentration as specified in a report

Disqualified for one year

No No No No No

TRC 522.081(b)(2)(A); 522.081(b)(4)(B)

DISQUALIFIED - IMMINENT HAZARD

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was determined to constitute an imminent hazard under 49 C.F.R. Section 383.52

Disqualified for a period not to exceed one year

No No No No No

TRC 522.081(g)

DISQUALIFIED - DWI CMV AND/OR CDL OF ALCOHOL OR DRUGS

Individual who holds a commercial driver license or while operating a commercial vehicle on a highway and/or transporting hazardous materials was convicted of driving under the influence of alcohol or a controlled substance, including a violation of Section 49.4, 49.045, or 49.07

Disqualified for one year

No No No No No

TRC 522.081(b)(2)(A)

DISQUALIFIED - FSRA PDO ACC CMV AND/OR CDL

Individual who holds a commercial driver license was convicted of leaving the scene of an accident involving a motor vehicle

Disqualified for one year

No No No No No TRC 522.081(b)(2(B)

ALR Suspensions – TRC 524 & 724. These statutes govern the administrative actions initiated by the Department when an individual fails or refuses a breath or blood test at the time of a DWI stop

ALR SUSPENSION- BOATING REFUSAL

Individual refused to provide a specimen of breath or blood following an arrest for an offense prohibiting the operation of a watercraft while intoxicated or under the influence of alcohol.

180 days suspension first offense; 2 year suspension if an individual’s driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest.

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 724.011(a); 724.035

Page 8: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

8

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

ALR SUSPENSION- BOATING FAILURE

Individual provided a specimen of breath or blood with a BAC of 0.08 or greater following an arrest for an offense prohibiting the operation of a watercraft while intoxicated or under the influence of alcohol

90 days suspension first offense; 1 year suspension if an individual’s driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 524.011(a)(1); 524.022(a)

ALR SUSPENSION - REFUSAL

Individual refused to provide a specimen of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

180 days suspension first offense; 2 years suspension if an individual’s driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 724011(a); 724.035

ALR SUSPENSION - FAILURE

Individual provided a specimen of breath or blood with a BAC of 0.08 or greater following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

90 days suspension first offense; 1 year suspension if an individual’s driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 524011(a)(1); 524.022(a)

ALR UNDER 21 SUSPENSION- REFUSAL

Individual <21 refused to provide a specimen of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

180 days suspension first offense; 2 years suspension if an individual’s driving record shows one or more alcohol or drug related enforcement contacts during the 10 years preceding the date of arrest

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 724011(a); 724.035

ALR UNDER 21 SUSPENSION- FAILURE

Individual <21 provided a specimen of breath or blood with a BAC of 0.010 or greater or there was a detectable amount of alcohol following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

60 days suspension first offense; 120 days suspension if previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code; 180 days suspension if previously convicted twice or more of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 524.011(a)(2); 524.022(b)

Page 9: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

9

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

ALR UNDER 21 SUSPENSION - <.08

Individual <21 provided a specimen of breath or blood with a BAC of 0.010 to .079 following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

60 days suspension first offense; 120 days suspension if previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code; 180 days suspension if previously convicted twice or more of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 524.011(a)(2); 524.022(b)

ALR UNDER 21 SUSPENSION - DETECTABLE

Individual <21 with a detectable amount of alcohol following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

60 days suspension first offense; 120 days suspension if previously convicted of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code; 180 days suspension if previously convicted twice or more of an offense under Sections 49.04, 49.07 or 49.08, Penal Code or Section 106.041, Alcoholic Beverage Code

No $125 No Yes

Yes

With the State Office of Administrative Hearings

(SOAH)

TRC 524.011(a)(2); 524.022(b)

ALR NON CMV DISQUALIFIED - REFUSAL

Individual who holds a commercial driver license or commercial learner's permit is disqualified from operating a commercial motor vehicle if they refused to provide a specimen of breath or blood following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded No No No No

No

TRC 522.081(b)(3)

ALR NON CMV DISQUALIFICATION FAILURE

Individual who holds a commercial driver license or commercial learner's permit is disqualified from operating a commercial motor vehicle if they provided a specimen of blood, breath, or urine with a BAC of 0.08 or

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded

No No No No

No

TRC 522.081(b)(4)(B)

Page 10: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

10

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

more following an arrest for an offense prohibiting the operation of a motor vehicle while intoxicated or under the influence of alcohol

ALR CMV DISQUALIFIED - REFUSAL

Individual refused to provide a specimen of breath or blood following an arrest for an offense prohibiting the operation of a commercial motor vehicle while intoxicated or under the influence of alcohol

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded

No No No No

Yes

TRC 522.081(b)(3)

ALR CMV DISQUALIFIED - FAILURE WITH BAC OF AT LEAST 0.04 BUT NOT GREATER THAN 0.079

Individual provided a specimen of blood, breath, or urine with a BAC of 0.04 but not greater than 0.079 following an arrest for an offense prohibiting the operation of a commercial motor vehicle while intoxicated or under the influence of alcohol

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded

No No No No Yes

TRC 522.081(b)(4)(A)

ALR CMV AND/OR CDL DISQUALIFIED 0.10 OR >

Individual provided a specimen of blood, breath, or urine with a BAC of 0.10 or greater following an arrest for an offense prohibiting the operation of a commercial motor vehicle while intoxicated or under the influence of alcohol

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded No No No No Yes

TRC 522.081(b)(4)(B)

ALR CMV AND/OR CDL DISQUALIFIED 0.08 OR >

Individual provided a specimen of blood, breath, or urine with a BAC of 0.08 or greater following an arrest for an offense prohibiting the operation of a commercial motor vehicle while intoxicated or under the influence of alcohol

1 year disqualification first offense; 3 years disqualification if transporting hazardous materials required to be placarded

No No No No Yes

TRC 522.081(b)(4)(B)

Mandatory Suspensions - These enforcement actions are automatic and the result of convictions reported by the courts

MANDATORY SUSPENSION - RACING

Individual is convicted for racing from a county court or higher court

License suspension for 1 year or until the court notifies the department of completion of community service

Yes $100 No Yes No TRC 521.350; 545.420

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

MANDATORY SUSPENSION - BOATING WHILE INTOXICATED

Individual is convicted for boating while intoxicated

License suspension – up to 2 years as provided by the court

Yes $100 No Yes No CCP 42A.407(b); PC 49.06

MANDATORY SUSPENSION - DRIVING WHILE INTOXICATED

Individual is convicted of Driving While Intoxicated (DWI). DWI convictions include boating while intoxicated, flying while intoxicated and assembly or operation of an amusement park ride while intoxicated

License suspension – up to 2 years as provided by the court A person convicted of DWI may be required to attend an Alcohol Education program

Yes $100 No Yes No

A conviction for DWI remains on the driver record indefinitely. TRC Section 521.344(a)

MANDATORY SUSPENSION - FAILURE TO STOP AND RENDER AID

Individual is convicted of failure to stop and render aid

First offense: 1 year suspension. Second/Subsequent offense: 18 month suspension

Yes $100 No Yes No TRC 521.341(6); 550.021(c)

MANDATORY SUSPENSION - SUBSEQUENT EDUCATION PROGRAM

Individual receives a second Driving while Intoxicated (DWI) conviction with a requirement to complete a DWI education course and no driver license suspension is ordered by the court

License suspension – 1 year. The suspension will begin seven days from the second DWI conviction. date

Yes $100 No Yes No

A conviction for DWI remains on the driver record indefinitely. CCP 42A.407(c);

MANDATORY SUSPENSION - DRIVING WHILE LICENSE INVALID

Individual is convicted for driving while license is cancelled, suspended or revoked

The length of the DWLI suspension is equal to the amount of time for the original cancellation, suspension, revocation, or denial with a maximum two-year suspension.

Yes $100 No Yes No

The suspension for DWLI Mandatory will not be applied to a driver record until DPS is notified of the conviction. TRC 521.457; 521.343 (c)

MANDATORY SUSPENSION - FICTITIOUS LP/REG/SAFETY INSPECTION

Individual is convicted of displaying fictitious license plate, registration insignia or safety inspection certificate

Mandatory suspension period of 180 days Yes $100 No Yes No

TRC 521.3465; 504.945; 548.603; 502.475(a)(4)

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

MANDATORY SUSPENSION - MOTOR VEHICLE FUEL THEFT

For a second or subsequent conviction for theft of motor vehicle fuel, the department shall suspend the driver license

Second conviction: 180 day suspension. Subsequent conviction: 1 year suspension

Yes $100 No Yes No

TRC 521.349; CCP 42.019(b)

MANDATORY SUSPENSION - DRUG OFFENSE

Individual is convicted of a drug offense (regardless of if the offense occurred in a motor vehicle or not)

License suspension - 180 days. If an individual has no license they will be prohibited from obtaining a driver license for 180 days from the date an application for driver license is made An individual must complete an approved 15-hour drug education course (cannot be taken online)

Yes $100 No Yes No

TRC 521.372; 521.374

MANDATORY SUSPENSION - DRIVING WHILE INTOXICATED UNDER 21

Individual is convicted of driving while intoxicated under the age of 21 at the time of the offense

First offense: 1 year suspension. Second offense: 18 month suspension. If ignition interlock is required suspension is for 90 days. Court may require completion of a 12 hour DWI education program be provided to the department

Yes $100 No Yes No

TRC 521.342;

CCP 42A.407(f)

MANDATORY SUSPENSION - DANGEROUS DRUG

Individual under 21 years of age is convicted of an offense under Health and Safety Code 483

First offense: 1 year suspension. Second/Subsequent offense: 18 month suspension

Yes $100 No Yes No TRC 521.342(a)(4); 521.343(a)

MANDATORY SUSPENSION - INTOXICATION MANSLAUGHTER

Individual is convicted of intoxication and that intoxication causes the death of another This suspension also includes driving while intoxicated, boating while intoxicated and assembly or operation of an amusement park ride while intoxicated

Suspension period of 6 months to 2 years, as ordered by the court

Yes $100 No Yes No

TRC 521.344(b); PC 49.08

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

MANDATORY SUSPENSION - INTOXICATION ASSAULT

Individual is convicted of intoxication that intoxication causes the serious injury of another by accident or mistake This suspension also includes driving while intoxicated, boating while intoxicated and assembly or operation of an amusement park ride while intoxicated

Suspension period of 90 days to 2 years, as ordered by the court

Yes $100 No Yes No

TRC 521.344(a); PC 49.07

MANDATORY SUSPENSION - EVADE ARREST/DETENTION

Individual is convicted of evading arrest or detention

First offense: 1 year suspension. Second/Subsequent offense: 18 month suspension.

Yes $100 No Yes No PC 38.04; TRC 521.341(2); 521.343

MANDATORY SUSPENSION - CONSUMPTION OF ALCOHOL - MINOR

Individual under 21 years old is convicted of consumption of alcohol

First offense: 30 days suspension period and alcohol awareness course (6 hours). Second Offense: 60 days suspension. Subsequent offense: 180 day suspension

No

No

No

Yes

No

ABC 106.04; 106.071(d)(2)

MANDATORY SUSPENSION - MINOR IN POSSESSION

Individual under 21 years old is convicted of minor in possession

First offense: 30 days suspension period and alcohol awareness course (6 hours). Second Offense: 60 days suspension. Subsequent offense: 180 day suspension

No No No Yes No

ABC 106.05; 106.071(d)(2)

MANDATORY SUSPENSION - MISREPRESENTATION OF AGE - MINOR

Individual under 21 years old is convicted of misrepresentation of age

First offense: 30 days suspension period and alcohol awareness course (6 hours). Second Offense: 60 days suspension. Subsequent offense: 180 day suspension

No No No Yes No

ABC 106.07; 106.071(d)(2)

MANDATORY SUSPENSION - PUBLIC INTOXICATION - MINOR

Individual under 21 years old is convicted of public intoxication

First offense: 30 days suspension period and alcohol awareness course (6 hours). Second Offense: 60 days suspension. Subsequent offense: 180 day suspension

No No No Yes No

PC 49.02; ABC 106.071(d)(2)

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

MANDATORY SUSPENSION PURCHASE/FURNISH ALCOHOL TO MINOR

Individual is convicted of purchasing or furnishing alcohol to minor.

180 day suspension Yes $100 No Yes No

ABC 106.06; TRC 521.351

JUVENILE SUSPENSION - TRUANCY

Individual between the ages of 12 -19 years of age who is convicted for an offense of Truant Conduct

License suspension effective until the later of: up to 180 days or until the end of the current school year.

No No No No No CCP Chapter 45; FC 65.104

JUVENILE SUSPENSION CONTEMPT

Individual younger than 17 years of age may have license or learners permits suspended upon order of Justice or Municipal Court for contempt.

License suspension until notification is received from the court indicating that the individual has complied with the orders of the court.

No No No No No

TRC 521.3451, CCP 45.050 (e)

JUVENILE SUSPENSION - SEC. 54.042 (FAMILY CODE)

Individual 10-17 years of age convicted for various offenses (ex: graffiti)

Suspension period of up to 1 year, as ordered by the court

No No No No No FC 54.042

FAILURE TO COMPLETE MINOR EDUCATION COURSE - ABC

Individual fails to complete the required alcohol awareness program as ordered by the court

License or permit will be suspended or denied issuance not to exceed six months Subsequent offenses - punishable for no more than one year and may be ordered to complete an education program or community service

No No No No No

ABC 106.115(d)

FAILURE TO COMPLETE - TOBACCO MINOR EDUCATION COURSE

Individual fails to complete the required tobacco awareness program

License or permit suspended or denied for a period not to exceed 180 days

No No No No No HSC 161.253; 161.254

SUSPENSION - DRUG EDUCATION PROGRAM REQUIRED

Individual convicted of a drug offense, must complete a 15 hour drug education course

Indefinite suspension will remain on record until individual has completed the 15 hour drug education course and submit the Certificate of Completion to the department

Yes $100 No Yes No

TRC 521.374(b)

SUSPENSION - EDUCATION PROGRAM - UNDER 21

Individual under 21 years of age is convicted of a DWI and is ordered by the court to complete a 12 hour DWI education course. The suspension is placed on the driver record

Indefinite suspension will remain on record until individual has completed the 12 hour DWI education course and submit the

Yes $100 No Yes No TRC 521.342(b)

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

the same day as the conviction, and will remain in effect until the department receives the certificate of completion for the course

Certificate of Completion to the department

SR Suspensions – TRC 601 Governs laws surrounding the requirement to maintain liability insurance. Failure to maintain insurance will result in the suspension of driving privileges

SR SUSPENSION - NO LIABILITY INSURANCE

Individual received two or more convictions for driving without liability insurance

Indefinite suspension until individual submits and maintains proof of Financial Responsibility Insurance Certificate (SR-22) for 2 years from date of conviction. An individual is given an opportunity to comply before the license is suspended

Yes $100 if suspended No Yes No

A conviction for No Liability Insurance remains on the driver record indefinitely TRC 601.231 (a)

SR SUSPENSION - ACCIDENT

For an accident to fall under the scope of the Safety Responsibility Act the accident must have occurred on a public street or highway and result in bodily injury or death or in damage to the property of one person of at least $1,000.

Uninsured driver who is involved in a traffic accident may be subject to suspension action if it is determined that there is a reasonable probability judgment may be rendered against them.

Indefinite suspension and vehicle registration until compliance is received

No

Unless filing a security deposit

which will require a SR22 and a SR22A

$100 No Yes Yes

TRC 601, Subchapter F

SR SUSPENSION - MANDATORY CONVICTION

Convictions for the offenses listed under TRC Subchapter O (DWI, Drug, DWLI, including involuntary manslaughter and failed to stop and render aid, evade arrest, accident causing bodily injury) require a mandatory suspension

Mandatory suspensions require an individual to maintain an SR22 (proof of liability insurance) for 2 years from date of conviction Yes Yes No Yes No

TRC 521.341601.338; 601.339

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Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

SR SUSPENSION - LIABILITY JUDGMENT

Civil judgment filed against the driver and/or owner of a vehicle involved in an accident

A judgment suspension it is indefinite and may only be lifted if we receive one of the following: 1. Court Approved Installment

agreement 2. Notarized Release (SR-11) 3. Proof of Insurance (SR-13C) 4. Affidavit of Dormant Judgment

(SR-88) 5. Judgment Creditor’s Consent

Form (SR-84) 6. Bankruptcy (Chapter 11 is not

eligible compliance)

Yes $100 No Yes No

TRC 601.332; 601.331

SR SUSPENSION - DEFAULTED INSTALLMENT AGREEMENT ACCIDENT

As a result of a crash or judgement, an individual can enter into an installment agreement to avoid suspension

If an installment agreement is terminated the driver license and vehicle registration or nonresident's operating privilege will be indefinitely suspended until compliance is received

Yes $100 No Yes No TRC 601.162(a)(3)(C) (b)

SR SUSPENSION - OUT OF STATE ACCIDENT

Individual is involved in an out of state accident. That state will send the department a reciprocity request along with a certified copy of the suspension order or a certified copy of the judgment

Indefinite suspension if Texas statute would require suspension if the accident occurred in Texas driver

Yes $100 No Yes No

TRC Section 601.009(b)

SR SUSPENSION - OCCUPATIONAL LICENSE

Individual must maintain a certificate of financial responsibility (SR22) while an occupational license is in effect

The occupational license will be suspended if the Department receives notification of cancellation of the SR22 in form of an SR26.

Yes $100 No No No

TRC 521.244(c)(2)

SR SUSPENSION - CANCELLED INSURANCE

Individual is required to maintain proof of liability insurance (form SR22) with the department and the department receives notification of that liability insurance has been cancelled (Form SR26)

The license will be suspended until the department receives proof of liability insurance (form SR22) driver

Yes $100 No No No

TRC 601.057; 601.341

SR SUSPENSION OUT OF STATE JUDGMENT

Individual is involved in an accident out of state. That state will send the department a

Indefinite suspension of the Texas driver license until compliance is received from the other state

Yes $100 No Yes No TRC 601.009

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17

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

reciprocity request along with a certified copy of the judgment

Deny/Denied – TRC 521; 706; 601 and CCP 45.050 govern the department’s authority to deny the issuance or renewal of a driver license.

DENY ISSUANCE OF DRIVER LICENSE

Individual is convicted of a drug offense and has an ID or an unlicensed record

The individual will be denied issuance of a driver license for 180 days from first date of contact with the department Will be required to take and complete a 15 hour drug education program

Yes Yes No No No

TRC 521.372

DENY ISSUANCE OF DL - CONTEMPT

Individual 14-17 years at the time an offense was committed defaulted in payment of a fine to a municipal or justice court.

The individual will be denied issuance of a driver license until compliance is received

No No No No No TRC 521.3451(a);

CCP 45.050(c)(2)(B)

DENY ISSUANCE OF DL - LIABILITY JUDGMENT

Judgment is rendered against an individual who holds an ID or has an unlicensed record

The individual will be denied issuance of a driver license until compliance is received

Yes Yes No No No TRC 601.331, 601.332

DENIED RENEWAL - FAILURE TO APPEAR

Individual fails to appear in court or has unpaid court fines,

Driver license renewal will be denied until the department receives notification that outstanding fines have been resolved with the court

No No No Yes No

TRC 706.004

Cancelled – TRC 521.314 governs the authority for the department to take cancellation action. This applies when an individual is not entitled to the license, failed to give required information or pay the required fee for the license

CANCELLED - AUTHORIZATION WITHDRAWN

Parent or guardian withdraws authorization for their minor to drive

License/permit will be cancelled upon receipt of authorization of withdrawal

No No No No No TRC 521.304

CANCELLED - INCOMPLETE DRIVER EDUCATION

Individual failed to complete the driver education course

License will be cancelled until the department receives of completion of a driver education class

No No No No No TRC 521.222

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18

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

CANCELLED - SUSPENDED FORMER STATE

Individual is suspended, revoked or cancelled in another state

License will be cancelled until compliance is received from the other state

No No No No No TRC 521.201(4)

OCCUPATIO LICENSE SUSPENDED

A court may order the department to cancel the occupational license.

The occupational license is cancelled until a new order is submitted

No No No No No TRC 521.252

CANCELLED - OCCUPATIONAL LICENSE

A court orders the department to cancel the occupational license.

Occupational license is cancelled No No No No No

TRC 521.252

CANCELLED - CDL ONLY Individual no longer meets CDL eligibility through MAB, or they are required to recertify and fail to comply

Individual must downgrade to a non-CDL license

No No No No No TRC 522.092; 521.093

CANCELLED - LIMITED TERM STATUS EXPIRED

A non-US citizen’s lawful presence has expired and has not updated their current status with the department

The driver license is cancelled No No No No No

TRC 521.142(a)

CANCELLED - FALSIFICATION

Individual knowingly swears to or affirms falsely before a person authorized to take statements under oath on an application for a driver license

The individual will be notified to appear at a driver license office for an interview. Failure to comply results in cancelation of the license.

No No No No No TRC 521.454(a)

CANCELLED - INTERLOCK REQUIRED

Individual is required to obtain an ignition interlock

If the individual fails to submit a release from the court or submit $10 for the issuance of a restricted license the license is cancelled

No No Yes No No TRC 521.246; 521.2465

Out of State Enforcement Actions (OOS EAs)– TRC 523.004; 523.005 These are enforcement actions that may be active in the reporting state and sent to Texas for inclusion in the driver history. While these OOS EAs do

not affect the Texas driving eligibility status, there are corresponding convictions that, if reported, will create a Texas EA for the OOS conviction.

DRIVING UNDER THE INFLUENCE OF ALCOHOL WITH BAC OF AT LEAST .04 BUT NOT GREATER THAN .079

The department receives withdrawal from another state for an individual operating a motor vehicle with a BAC of at least .04 but not greater than .079

Out of State Enforcement action placed on driver record

No No No No No

TRC 523.004; 523.005(a)(2)

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19

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

DRIVING UNDER THE INFLUENCE OF ALCOHOL WITH BAC AT OR OVER .08

The department receives a withdrawal from another state for an individual operating a motor vehicle with a BAC at or over .08

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

DRIVING UNDER THE INFLUENCE OF ALCOHOL WITH BAC AT OR OVER ___ (DETAIL FIELD REQUIRED)

The department receives a withdrawal from another state for an individual operating a motor vehicle with a BAC at an amount specified in a report

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

REFUSED TO SUBMIT TO TEST FOR ALCOHOL - IMPLIED CONSENT LAW

The department receives a withdrawal from another state for refusing to submit to a blood or breath test.

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

The department receives a withdrawal from another state for driving under the influence of drugs or alcohol

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

DRIVING UNDER THE INFLUENCE OF ALCOHOL

The department receives a withdrawal from another state for driving under the influence of alcohol

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

DRIVING UNDER THE INFLUENCE OF DRUGS

The department receives a withdrawal from another state for driving under the influence of drugs

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

ILLEGAL POSSESSION OF DRUGS (CONTROLLED SUBSTANCES)

The department receives a withdrawal from another state for possession of controlled substances

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

DRIVER VIOLATION OF IGNITION INTERLOCK OR IMMOBILIZATION DEVICE

The department receives a withdrawal from another state for violation of an ignition interlock order

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

DRIVING WHILE LICENSE WITHDRAWN

The department receives a withdrawal from another state for driving while license withdrawn

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

DRIVING WHILE LICENSE DISQUALIFIED

The department receives a withdrawal from another state for driving while license disqualified

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

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20

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

DRIVING WHILE LICENSE REVOKED

The department receives a withdrawal from another state for driving while license revoked

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

DRIVING WHILE LICENSE SUSPENDED

The department receives a withdrawal from another state for driving while license suspended

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

VIOLATING A DRIVER OR VEHICLE OUT-OF-SERVICE ORDER

The department receives a withdrawal from another state for operating a commercial vehicle while it was placed out of service

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

EXPIRED OR NO NON-COMMERCIAL DRIVER LICENSE OR PERMIT

The department receives a withdrawal from another state for an expired or no non-commercial driver license or permit

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

REVOKED - CHILD ACCESS/CUSTODY

The department receives a withdrawal from another state for non-payment of child support

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILED TO FILE ACCIDENT REPORT

The department receives a conviction from another state for failing to file an accident report

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(4)

FAILED TO FILE FUTURE PROOF OF FINANCIAL RESPONSIBILITY

The department receives a withdrawal from another state for failing to file proof if financial responsibility

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILED TO FILE INSURANCE CERTIFICATION

The department receives a withdrawal from another state for no insurance certification

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILED TO FILE MEDICAL CERTIFICATION/DISABILITY INFORMATION

The department receives a withdrawal from another state for no medical certification

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILED TO SHOW INSURANCE CERTIFICATION

The department receives a withdrawal from another state for failing to provide insurance

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

IMPROPER CLASSIFICATION OR ENDORSEMENT ON

The department receives a withdrawal from another state for improper class of dl

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

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21

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

DRIVER LICENSE (INCLUDES DL, CDL, AND INSTRUCTION PERMIT) MISREPRESENTATION OF IDENTITY OR OTHER FACTS ON APPLICATION INCLUDING REQUIRED SELF-CERTIFICATIONS, FOR NON-COMMERCIAL PERMIT OR LICENSE

The department receives a withdrawal from another state for misrepresentation of identity

Out of State Enforcement action placed on driver record

No No No No No

TRC 523.004; 523.005(b)

VIOLATE LIMITED LICENSE CONDITIONS

The department receives a withdrawal from another state for violating license restrictions

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

DENIED RENEWAL OUT-OF-STATE FTA

I individual receives a citation out of state and fails to comply

Out of State Enforcement action placed on driver record

No No No No No TRC 523.004; 523.005(b)

DENIED RENEWAL OUT-OF-STATE FTP

Individual receives a citation out of state and fails to comply

Out of State Enforcement action placed on driver record

No No No No No TRC 523.004; 523.005(b)

DENIED RENEWAL OUT-OF STATE FTC

Individual receives a citation out of state and fails to comply

Out of State Enforcement action placed on driver record

No No No No No TRC 523.004; 523.005(b)

FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY LAW

The department receives a withdrawal from another state for not obtaining insurance

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO MAINTAIN REQUIRED LIABILITY INSURANCE

The department receives a withdrawal from another state for not maintaining insurance

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO POST SECURITY OR OBTAIN RELEASE FROM LIABILITY

The department receives a withdrawal from another state for not complying with a liability judgment

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

UNSATISFIED JUDGMENT The department receives a withdrawal from another state for not complying with a liability judgment

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

Page 22: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

22

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

FAILURE TO APPEAR FOR TRIAL OR COURT APPEARANCE

Individual receives a citation out of state and fails to comply

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO MAKE REQUIRED PAYMENT OF CHILD SUPPORT

Per OGC Texas has no authority to suspend for out of state child support

Out of State enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO MAKE REQUIRED PAYMENT OF FINE AND COSTS

The department receives a withdrawal from another state for not paying a fine

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO ANSWER A CITATION, PAY FINES, PENALTIES AND/OR COSTS

The department receives a withdrawal from another state for not responding to a citation

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

SEAT BELT NOT USED PROPERLY AS REQUIRED

The department receives a conviction from another state for not wearing a seatbelt properly

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

RECKLESS DRIVING The department receives a conviction from another state for reckless driving

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(a)(3)

FAILURE TO YIELD RIGHT OF WAY (FTY ROW)

The department receives a conviction from another state for Failure to yield the ROW

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

SPEEDING - SPEED LIMIT AND ACTUAL SPEED (DETAIL REQUIRED)

The department receives a conviction from another state for Speeding

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

SPEEDING The department receives a conviction from another state for Speeding

Out of State Enforcement action placed on driver record No No No No No TRC 523.004;

523.005(b)

ADMINISTRATIVE PER SE FOR .10 BAC

An individual provided a specimen of blood or breath with a BAC of 0.10 while operating a motor vehicle in another state

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

ADMINISTRATIVE PER SE FOR BAC AT (DETAIL FIELD REQUIRED)

An individual provided a specimen of blood or breath with a BAC of (detail required) while operating a motor vehicle in another state

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

Page 23: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

23

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

ADMINISTRATIVE PER SE FOR BAC OF AT LEAST .04 BUT NOT GREATER THAN 0.079

An individual provided a specimen of blood or breath with a BAC of 0.04 but not greater than 0.079 while operating a motor vehicle in another state

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

ADMINISTRATIVE PER SE FOR .08 BAC

An individual provided a specimen of blood or breath with a BAC of 0.08 while operating a motor vehicle in another state

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(2)

USING A MOTOR VEHICLE IN CONNECTION WITH A FELONY (NOT TRAFFIC OFFENSE)

The department receives a withdrawal from another state for using a motor vehicle in connection with a felony

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(a)(3)

WITHDRAWAL, NON-ACD VIOLATION (A WITHDRAWAL ISSUED BY THE STATE OF RECORD FOR A SINGLE CONVICTION WHICH IS NEITHER TRAFFIC SAFETY RELATED OR FEDERALLY MANDATED)

The department receives a withdrawal from another state for a single conviction which is neither traffic safety or federally mandated

Out of State Enforcement action placed on driver record

No No No No No

TRC 523.004; 523.005(b)

ACCUMULATION OF CONVICTIONS (INCLUDING POINT SYSTEMS AND/OR BEING JUDGED A HABITUAL OFFENDER OR VIOLATOR)

The department receives a conviction from another state for an accumulation of convictions

Out of State Enforcement action placed on driver record

No No No No No

TRC 523.004; 523.005(b)

FAILURE TO SURRENDER HAZMAT ENDORSEMENT AS REQUIRED BY THE PATRIOT ACT

The department receives a withdrawal from another state for failure to surrender hazmat endorsement

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

PARENTAL CONSENT WITHDRAWN

A parent or guardian may withdraw their authorization for a minor to be issued a driver license or permit

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

PHYSICAL OR MENTAL DISABILITY

The department receives a withdrawal from another state that a court or hospital has

Out of State Enforcement action placed on driver record. No No No No No TRC 523.004;

523.005(b)

Page 24: Driver License Enforcement Actions - TxDPS · Driver License Enforcement Actions . DL-176 (Rev. June 2019) 1 . Enforcement Action . Criteria ; Penalty . Insurance Certificate Required

DL-176 (Rev. June 2019)

24

Enforcement Action Criteria Penalty

Insurance Certificate Required

(SR-22)

Reinstatement Fee Required

(Must be paid prior to issuance or renewal

of a license.)

Ignition Interlock Required

(TRC 521 Subchapter L &

CCP Art.17.441 and Chapter 42A )

Occupational License Option

(TRC 521 Subchapter L)

Administrative Hearing Option

(TRC 521 Subchapter N TRC 524 & 724)

Statutory Reference/

Notes

determined that a driver is mentally or physically incapacitated

PHYSICIAN’S OR SPECIALIST’S REPORT RECOMMENDED

The department receives a withdrawal from another state that a driver must submit current medical information to MAB for evaluation.

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

UNABLE TO PASS DL TEST(S) OR MEET QUALIFICATIONS

The department receives a withdrawal from another state that a driver is unable to pass DL test(s) or meet qualifications

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

TWO SERIOUS VIOLATIONS WITHIN THREE YEARS

The department receives a withdrawal from another state for two serious violations within three years

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

THE ACCUMULATION OF TWO OR MORE MAJOR OFFENSES

The department receives a withdrawal from another state for the accumulation of two or more major offenses

Out of State Enforcement action placed on driver record No No No No No

TRC 523.004; 523.005(b)

FAILURE TO SURRENDER LICENSE OR PERMIT OR OTHERWISE COMPLY WITH JURISDICTION REQUIREMENTS

The department receives a withdrawal from another state for failure to surrender license or permit, or otherwise comply

Out of State Enforcement action placed on driver record

No No No No No

TRC 523.004; 523.005(b)