Texas Code of Criminal Procedure - CRIM P Art. 42A.407. Suspension of Driver's License

(a) A jury that recommends community supervision for a defendant convicted of an offense under Sections 49.04 - 49.08, Penal Code , may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, not be suspended.  This subsection does not apply to a defendant punished under Section 49.09(a) or (b), Penal Code , and subject to Section 49.09(h), Penal Code .

(b) Notwithstanding Sections 521.344(d) - (i), Transportation Code , if under Article 42A.404 the judge requires a defendant punished under Section 49.09, Penal Code , to attend an educational program as a condition of community supervision, or waives the required attendance for the program, and the defendant has previously been required to attend such an educational program, or the required attendance at the program had been waived, the judge shall order the suspension of the defendant's driver's license for a period determined by the judge according to the following schedule:

(1) not less than 90 days or more than one year, if the defendant is convicted under Sections 49.04 - 49.08, Penal Code ;

(2) not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code ;  or

(3) not less than one year or more than two years, if the defendant is convicted of a second or subsequent offense under Sections 49.04 - 49.08, Penal Code , committed within five years of the date on which the most recent preceding offense was committed.

(c) If the Department of Public Safety receives notice that a defendant has been required to attend a subsequent educational program under Article 42A.403 or 42A.404 , although the previously required attendance had been waived, but the judge has not ordered a period of suspension, the department shall:

(1) suspend the defendant's driver's license;  or

(2) issue an order prohibiting the defendant from obtaining a license for a period of one year.

(d) The judge shall suspend the defendant's driver's license for a period provided under Subchapter O, Chapter 521, Transportation Code, if:

(1) a judge revokes the community supervision of the defendant for:

(A) an offense under Section 49.04, Penal Code ;  or

(B) an offense involving the operation of a motor vehicle under Section 49.07, Penal Code ;  and

(2) the license has not previously been ordered by the judge to be suspended, or the suspension was previously probated.

(e) The suspension of a defendant's driver's license under Subsection (d) shall be reported to the Department of Public Safety as provided under Section 521.347, Transportation Code .

(f) Notwithstanding any other provision of this subchapter or other law, a judge who places on community supervision a defendant who was younger than 21 years of age at the time of the offense and was convicted for an offense under Sections 49.04 - 49.08, Penal Code , shall order that the defendant's driver's license be suspended for 90 days beginning on the date the defendant is placed on community supervision.

(g) Notwithstanding any other provision of this subchapter, a defendant whose license is suspended for an offense under Sections 49.04 - 49.08, Penal Code , may operate a motor vehicle during the period of suspension if the defendant:

(1) obtains and uses an ignition interlock device as provided by Article 42A.408 for the entire period of the suspension;  and

(2) applies for and receives an occupational driver's license with an ignition interlock designation under Section 521.2465, Transportation Code .


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