Like other states, Texas requires that motorists have a valid license to drive on public roads. Most residents get a license when they are teens or early 20s, after taking Driver’s Education and having a permit for a period. Adults who move to Texas also need to obtain a valid Texas license within 90 days of moving to the Lone Star State.
Driving without a license is a criminal offense. Simply forgetting your license when you head out to buy groceries is also subject to penalties.
The Stano Law Firm practices personal injury law, including car accidents. Nonetheless, whether a driver is licensed could impact an injury case. Reach out to our law firm today to discuss any car-related accident and get the answers you need to any questions about Texas car accident laws.
Driving Without a Valid License in Texas
Driving while license invalid is also called “DWLI” in Texas. It occurs when a motorist drives on a public road when the state has suspended or revoked their license. The law is found at the Texas Transportation Code § 521.457.
The state can revoke or suspend a license for a variety of reasons, including:
- Administrative suspension for regularly violating Texas traffic laws or causing a serious accident. For example, the state will suspend a driver’s license if you are convicted of at least 4 moving violations in a one-year period or at least 7 moving violations in a two-year period.
- Mandatory suspension after conviction of certain crimes, such as DWI.
- Court-ordered suspension or revocation for mental incapacity or for the failure to pay child support, among other reasons.
DWLI is usually a Class C misdemeanor when there are no aggravating factors (such as bodily injury). Consequently, you can face a $500 fine (but no jail time) for a first-time offense.
If you have a previous conviction for DWLI or for driving without liability insurance, then you can face a Class B misdemeanor charge. The maximum penalties include a $2,000 fine and confinement in jail for up to 180 days, or both. It’s unlikely that a judge will jail you—but it is critical to realize this is a possibility if you are a repeat offender.
You can face a Class A misdemeanor charge in certain situations, also. For example, you might have gotten into an accident which injured someone. Depending on the facts, you might face Class A misdemeanor charges. If convicted, a defendant is looking at up to a year in jail and a maximum $4,000 fine, or both.
Forgetting Your License at Home
Some people forget to take their license with them when they head out to drive. They have a valid license, but when a cop pulls them over, they suddenly realize that they forgot their license at home. This happens to almost everyone at some point—even if no one wants to admit it.
What to Do if You Left Your License at Home
Your heart might be pounding in your chest when the officer asks to see your license and registration. Most people keep their registration in their car, so you can hand that over. What should you do if your license is on the kitchen table?
The good news is that the officer should know you have a valid license. After stopping you, law enforcement usually calls in your license plate number to see if the car’s owner has any outstanding warrants. They will also find out if the owner’s license was suspended or revoked.
Nonetheless, under Section 521.025 of the Texas Transportation Code, you must carry a license with you whenever you operate a motor vehicle, and you must display it on demand. So this is technically an offense.
A first violation will result in a maximum $200 fine, although it’s also highly likely you will not receive any fine. Instead, a verbal warning is a possibility. This is one reason to apologize to the officer that you forgot your license at home.
But a second conviction within a one-year period will result in a mandatory minimum $25 fine. A third violation within a one-year period can result in confinement in jail for at least three days and possibly up to 6 months.
As you can see, the penalties for DWLI are more serious than for getting into a car without your license. Nonetheless, it’s critical to always have your license on you if you intend to drive.
Does Having a License Matter to an Accident Victim?
Yes. Not having a valid license can certainly impact a personal injury case. Most car accidents are based on negligence, which is the failure to use reasonable care. A person who did not have legal authority to drive can easily be found negligent and at fault for any collision.
In Texas, the state’s proportionate responsibility law can reduce your compensation if you are hurt in an accident. If you are more than 50% to blame, then you will lose the ability to receive any compensation. For this reason, your own failure to drive while your license is suspended or revoked can have negative consequences.
Our car accident lawyers want to know if the driver who injured you had a valid license at the time of the accident. If not, we might use that fact when crafting an argument for financial compensation.
Schedule a Consultation with The Stano Law Firm
Our office has handled many car accident cases on behalf of injured victims in Texas. We can provide an overview of your legal rights and drill down into the specific facts of your case. Texas law allows accident victims to seek financial compensation for various damages. The claims process isn’t as transparent as it could be. You deserve an accomplished Texas car accident lawyer who has shepherded cases through the insurance process and knows what to expect.
Call us to schedule a time to speak with an experienced Texas car accident lawyer. Our firm has won millions for injured victims hurt in all sorts of collisions, including those where a driver had a license suspended or revoked.