Texas Driver Handbook 2017

Chapter 1: Your License to Drive 

Texas Driver Handbook

Denials

DPS is authorized to deny the issuance of a driver license to a person who is ineligible to receive a license in this state. An applicant 

may be denied a driver license for:

1.  Suspension/revocation/cancellation/disqualification status in Texas, another state, or Canadian Province

2.  Physical or mental incapacity preventing the safe operation of a motor vehicle

3. Acquiring motor vehicle fuel without payment

4.  Certain criminal mischief (i.e. graffiti, etc.)

5.  Purchasing or furnishing alcohol to a minor

6.  Delinquent child support

7.  Failure to pay reinstatement fees

8.  Failure to appear or failure to pay for certain violations

9.  Drug offense

Driving While License Invalid (DWLI)

Individuals who drive a motor vehicle while their driver license is suspended, revoked, denied, or cancelled are subject to suspen-

sions and criminal penalties. The penalties for driving a motor vehicle while your license is invalid are listed below.

Table 9: Penalties for Driving While License Invalid (DWLI)

Offense

Penalty

Driving a motor vehicle while driver license or privilege is suspended, cancelled, 

denied, or revoked.

Class C misdemeanor, punishable by a fine of up 

to $500.

The person has a previous conviction for the same offense, was operating a vehicle 

without insurance at the time of the offense, or the person’s license had been sus-

pended because of an offense involving operating a motor vehicle while intoxicated.

Class B misdemeanor, punishable by a fine of up to 

$2,000 and/or confinement in jail for not more than 

180 days.

The person was operating a vehicle without insurance at the time of the offense and 

caused a crash which resulted in serious bodily injury or death of another. The suspen-

sion will automatically be extended.

Class A misdemeanor, punishable by a fine of up to 

$4,000 and/or confinement in jail for not more than 

365 days.

Penalties for Non-Driving Alcohol-Related Offenses by Minors

The Zero Tolerance law provides penalties for minors who commit non-driving alcohol related offenses. A minor may not purchase, 

attempt to purchase, falsely state he/she is 21 years of age or older, or present a document indicating he/she is 21 years of age or older 

to a person engaged in selling or serving alcoholic beverages. A minor may not consume, or possess an alcoholic beverage. The 

penalties for non-driving alcohol-related offenses for minors are listed below. 

Table 10: Penalties for Non-Driving Alcohol-Related Offenses - Minors

Offense

Penalty

1st offense

Class C misdemeanor punishable by a fine of up to $500, 8 to 12 hours of community service, and mandatory 

alcohol awareness course attendance. The driver license will be suspended (or privilege will be denied if not 

licensed) for 30 days.

2nd offense

Class C misdemeanor punishable by a fine up to $500, 20 to 40 hours of community service, and the minor may 

be required to attend an alcohol awareness course. The driver license will be suspended (or privilege will be denied 

if not licensed) for 60 days.

3rd offense  

(At least 17 years of age 

but less than 21)

Class B misdemeanor punishable by a fine of $250 to $2,000; minor may also be required to attend an alcohol 

awareness course. The driver license will be suspended (or privilege will be denied if not licensed) for 180 days. 

Minors are not eligible for deferred disposition on the third conviction or any subsequent conviction.

3rd offense  

(Under 17 years of age)

Class C misdemeanor punishable by a fine up to $500, 20 to 40 hours of community service, and the minor may 

be required to attend an alcohol awareness course. The driver license will be suspended (or privilege will be denied 

if not licensed) for 60 days, or the case can be transferred to Juvenile Court as delinquent conduct.

A minor who is convicted of driving while his/her license is suspended because of a non-driving alcohol related offense is subject 

to the penalties of Driving While License Invalid (DWLI).

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the jurisdic

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listed in Ch

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of Criminal P

rocedures.

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Chapter 1: Your License to Drive 

Texas Driver Handbook

Other Non-Driving Penalties for Alcohol-Related Offenses

A person, who purchases, furnishes, or sells an alcoholic beverage to a minor is subject to the penalties listed in the table below.

Table 11: Penalties for Purchasing, Furnishing, or Selling Alcohol to a Minor

Offense

Penalty

Purchased or furnished alcohol to a minor

A fine of up to $4,000 and/or confinement in jail for up to one year. 

Sold alcohol to a minor

A fine of up to $4,000 and/or confinement in jail for up to one year.

Occupational License (Essential Need License)

An occupational license, also called an essential need license, is a special type of restricted license issued to individuals:

1.  Whose driver license has been canceled, suspended, revoked, or denied for certain offenses (other than medical or delinquent 

child support); and

2.  Who can prove to a court there is an essential need to drive.

Individuals may still qualify for an occupational license even if their driver license has been suspended for surcharges.

Application for an occupational license is made to the district, county, or justice of the peace court in the precinct or county of the 

licensee’s residence or to the court of original jurisdiction, whichever is applicable. If the court determines an individual is eligible 

for an occupational license then a court order will be issued. The court order authorizes DPS to issue the occupational license. The 

applicant must submit the court order and all required items to DPS before an occupational license can be issued. The fee for this 

type of license is $10 per year. The court order may be used for 45 days for driving purposes while the occupational license is being 

processed. After 45 days, you must have both the court order and the occupational license in your possession.

A person issued an occupational license must also carry a certified copy of the court order when operating a vehicle and must allow 

a law enforcement officer to examine the order at the officer’s lawful request. An occupational license may not be issued to drive a 

commercial motor vehicle.

For more information on occupational licenses, visit our website at http://www.dps.texas.gov/DriverLicense/OccupationalLicense.htm.

Driver Responsibility Program (DRP)

The Driver Responsibility Program (DRP) establishes a system that authorizes the Texas Department of Public Safety (DPS) to 

assess surcharges to an individual based on certain traffic offenses.

A surcharge is an administrative fee based on convictions reported to the driver record. A surcharge is in addition to other types of 

fees and does not replace a suspension, revocation, disqualification, denial, or cancellation action resulting from the same convic-

tion. To check your driver eligibility, visit https://txapps.texas.gov/txapp/txdps/dleligibility/login.do

Two criteria are used to determine if a surcharge will be assessed: Point system and Conviction based. 

Individuals who have both points and convictions reported to their driver record will receive separate surcharges for each offense; 

a surcharge for the points and a surcharge for the conviction.

Point System

Points are assessed for traffic convictions. Once the conviction has been reported to the driver record, points are assigned and 

remain on your driver record for three years. A person will receive:

• Two points for a Texas or out-of-state traffic conviction

• Three points for a Texas or out-of-state traffic conviction that resulted in a crash

A surcharge is assessed when the driver has six or more points on his/her driver record within three years. The driver is required to 

pay an additional $100 surcharge for the first six points and $25 for every point after six. The surcharge is assessed every year the 

driver maintains six or more points.

Conviction Based

A driver convicted of one of the offenses listed in the Conviction Based Surcharges (DRP) table is assessed a surcharge every year 

for three years. Points are not assessed for these offenses because the surcharge is automatic upon conviction.

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