Texas Transportation Code § 521.457: Driving With a Suspended/Invalid License

Driving with an invalid license in Texas can lead to serious legal consequences. Texas Transportation Code § 521.457 details when operating a motor vehicle becomes with an invalid or suspended license is illegal.

What Texas Transportation Code § 521.457 Says

Offense Definition

The law clearly defines when driving becomes illegal due to license status. You commit an offense if you operate a motor vehicle on a highway after your license has been canceled, during a suspension or revocation period, with an expired license that lapsed during a suspension, or after being denied renewal.

Additional Violations

The statute also makes it illegal to drive if you're subject to an order prohibiting you from obtaining a driver's license.Claiming you didn't receive notice of a suspension isn't a defense for violations under Section 521.341.

Penalty Classifications

Penalties for driving with an invalid license vary in severity:

• Generally a Class C misdemeanor
• Becomes a Class B misdemeanor if you have prior convictions for the same offense or were operating without required insurance
• Escalates to Class B if your license was suspended due to an intoxication offense
• Reaches Class A misdemeanor level if you caused or were at fault in a collision resulting in serious injury or death while driving without insurance

Recent Changes

As of September 2023, the law provides certain exemptions from additional suspensions for offenses committed before September 2019 if specific conditions are met and appropriate fees are paid. However, these exemptions don't apply to commercial driver's licenses or situations involving hazardous materials.

The Full Texas Statute: § 521.457

Sec. 521.457. DRIVING WHILE LICENSE INVALID. (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 sent in accordance with law. (e) Except as provided by Subsections (f), (f-1), and (f-2), an offense under this section is a Class C misdemeanor. (f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person: (1) 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; or (2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191. (f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor. (f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle collision that resulted in serious bodily injury to or the death of another person. (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. (h) Except as provided by Subsection (i), the department may not suspend a person's driver's license under Section 521.292(a)(1), or extend the period a person's driver's license is suspended under Section 521.343(c), for a conviction of an offense under this section if: (1) the offense was committed before September 1, 2019; (2) the person was convicted of the offense after August 31, 2023; and (3) the person pays the department the fee required under Section 521.313(a) or any other fee required for the reinstatement of the person's driver's license in the manner prescribed by the department. (i) Subsection (h) does not apply to: (1) a commercial driver's license issued under Chapter 522; or (2) a person who was transporting hazardous materials or operating a commercial motor vehicle at the time of the offense under this section. (j) The fee collected under Subsection (h)(3) shall be deposited to the credit of the Texas mobility fund.

Get Legal Help

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Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.