Texas Drug Offenses and Drivers License Suspensions
An often forgotten consequence of a drug conviction is the suspension of your Texas Drivers License. This includes conviction for Possession of Marijuana of all levels. Section 521.372 of the Texas Transportation Code mandates automatic suspension or denial of issuance of a Texas Drivers License upon final conviction of any offense under the Controlled Substances Act, “a drug offense,” or any felony under Chapter 481, Health and Safety Code that is not a drug offense.
Texas Drivers License Suspensions in Drug Cases: Suspension Periods
If you are at least 21 years of age (at the time of the offense) and convicted of an offense listed in Section 521.372(a), your license will be suspended for 180 days after the date of final conviction. If you did not have a TDL at the time of final conviction, the Texas Department of Public Safety (DPS) will deny issuance of a Texas Drivers License for a period of 180 days from the date you made application. If you are under the age of 21 at the time of the offense, the license suspension period is increased to one year, pursuant to Section 521.342 of the Texas Drivers License.
Can my Texas Drivers License be reinstated after I am convicted of a drug offense?
Yes. Section 521.373 of the Texas Transportation Code allows for your license to be reinstated after the 180 period (or one year if under age 21) of suspension. However, you must apply for reinstatement. DPS has specific requirements that must be met before your application for reinstatement is approved. Those requirements include a reinstatement fee, proof of Financial Responsibility Insurance Certificate (SR-22), and proof that you have completed an approved 15 hour Drug Education Program.
Can I apply for an occupational license during the period of suspension?
Yes. During the period of suspension, you may apply for an occupational license (also known as an essential needs license) so that you can continue to drive to and from work and other essential needs.
If you are charged with a drug offense in Texas, contact the attorneys at Varghese Summersett at (817) 203-2220 for experienced representation.