Yes, driving with a suspended license in Texas is a criminal offense

Driving while your license is suspended in Texas is a crime, not just a traffic violation. The charge is called Driving with License Suspended (DWLS), and it appears in the Texas Penal Code. Whether it becomes a misdemeanor or felony depends on why your license was suspended and how many times you have been convicted of the same offense.

The moment a police officer stops you and discovers your license is suspended, you can be arrested and taken to jail. You will face criminal charges, not a civil fine. This is different from a speeding ticket or expired registration — those are traffic infractions. A DWLS conviction goes on your criminal record.

Understanding the difference between the levels of this charge matters because the penalties, jail time, and long-term consequences are very different. A first offense carries lighter penalties than a second or third conviction.

Key Takeaways

  • Driving with a suspended license in Texas is a criminal offense that can result in jail time, fines, and a permanent criminal record.
  • A first DWLS conviction is typically a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000.
  • A second or third conviction within ten years becomes a Class A misdemeanor, with up to one year in jail and fines up to $4,000.
  • Four or more convictions within ten years is a felony, carrying up to two years in prison and fines up to $10,000.
  • The reason your license was suspended (unpaid traffic fines, DWI, medical reasons) does not change whether the charge is criminal, but it may affect sentencing.

First Offense: Class B Misdemeanor

If you are stopped while driving on a suspended license and have no prior DWLS convictions, you will be charged with a Class B misdemeanor. This is the least serious level of the charge, but it is still a criminal conviction.

The penalties for a first offense are up to 180 days in county jail and a fine up to $2,000. A judge may impose jail time, a fine, or both. In some cases, a judge may offer probation instead of jail, but probation is not may provide and depends on the circumstances of your case and the judge's discretion.

Even if you avoid jail, a Class B misdemeanor conviction will appear on your criminal record permanently. This record can affect employment, housing, professional licenses, and loan applications for years to come.

Second or Third Offense: Class A Misdemeanor

If you are convicted of DWLS a second or third time within ten years of the previous conviction, the charge escalates to a Class A misdemeanor. This is the most serious misdemeanor level in Texas.

A Class A misdemeanor carries up to one year in county jail and a fine up to $4,000. The judge may impose jail time, a fine, or both. Because this is a repeat offense, judges are less likely to offer probation as an alternative to incarceration.

The ten-year window is important: if your first DWLS conviction was more than ten years ago, a new suspension and arrest would be treated as a first offense again, resetting the clock. However, if you are convicted twice within that ten-year period, the second conviction is automatically charged as a Class A misdemeanor.

Four or More Offenses: Felony Charge

If you accumulate four or more DWLS convictions within ten years, the charge becomes a state jail felony. This is no longer a misdemeanor — it is a felony conviction.

A state jail felony in Texas carries 180 days to two years in a state jail facility (not county jail) and a fine up to $10,000. A felony conviction has far more serious consequences than a misdemeanor: it can permanently bar you from certain jobs, housing, voting rights, and firearm ownership. It also appears on background checks for life.

If you have multiple DWLS convictions, the best course of action is to get your license reinstated as soon as possible. Continuing to drive while suspended only adds new charges and increases the severity of penalties.

What Happens When You Are Stopped

When a police officer pulls you over and runs your license, the computer will show whether your license is suspended. The officer can arrest you on the spot. You will be taken to the police station, booked, and held until you can post bail or see a judge.

At your first court appearance, the judge will set bail or release conditions. You may be released on your own recognizance (a promise to return to court), or bail may be set. If you cannot afford bail, you can ask the judge to lower it or release you without bail.

You will then have the opportunity to hire an attorney or request a public defender if you cannot afford one. Your attorney can negotiate with the prosecutor, explore whether the suspension was valid, or prepare for trial if you choose to contest the charge.

How the Reason for Suspension Affects Your Case

Your license can be suspended for many reasons: unpaid traffic fines, failure to pay child support, a DWI conviction, medical reasons, or accumulating too many points on your driving record. The reason does not change whether the charge is criminal — it is always a crime to drive while suspended.

However, the reason may influence how a judge sentences you. For example, driving on a suspended license due to unpaid fines is often viewed less seriously than driving on a suspended license after a DWI conviction. A judge may be more lenient in the first case and harsher in the second.

If your suspension was due to a DWI, you may face additional charges or sentencing enhancements. If your suspension was administrative (for unpaid fines or points), the judge may have more discretion to reduce penalties. Your attorney can use the reason for suspension as part of your defense strategy.

Getting Your License Reinstated

The fastest way to reduce your legal risk is to get your license reinstated. The steps depend on why it was suspended. If it was suspended for unpaid fines, you must pay those fines. If it was suspended for a DWI, you may need to complete an alcohol education program and pay reinstatement fees. If it was suspended for medical reasons, you may need a doctor's clearance.

Once you have met the requirements, you can explore for reinstatement through the Texas Department of Public Safety (DPS). There is a reinstatement fee, which varies depending on the reason for suspension. The process typically takes one to two weeks.

Reinstating your license does not erase a DWLS conviction from your record, but it stops you from accumulating new charges. If you are facing a DWLS charge and your license is still suspended, getting it reinstated before your court date shows the judge you are taking the matter seriously and may result in a lighter sentence.

Frequently Asked Questions

Can I get a DWLS charge dismissed?

Possibly. If your license suspension was invalid or if the officer did not properly verify the suspension status, your attorney may file a motion to dismiss. Some suspensions are administrative errors. However, if your license was validly suspended and you were driving, the charge is difficult to dismiss. Your attorney can review the details of your case.

Will a DWLS conviction affect my car insurance?

Yes. A criminal conviction for DWLS will likely increase your insurance rates significantly or result in your policy being cancelled. Some insurers will not cover drivers with criminal convictions. You may need to find a high-risk insurer, which charges much higher premiums.

Can I get a hardship license while my license is suspended?

It depends on the reason for suspension. Texas allows hardship licenses in some cases, such as when suspension is due to unpaid traffic fines or points. A hardship license lets you drive to work, school, or medical appointments. You must petition the court or DPS for one. Having a hardship license does not erase a DWLS charge if you are stopped, but it may help your defense if you can show you were driving within the scope of the hardship license.

What if I did not know my license was suspended?

Lack of knowledge is not a legal defense in Texas. The law assumes you are responsible for knowing the status of your license. However, if you can show you took reasonable steps to find out and the suspension notice was not properly delivered, your attorney may argue this in mitigation at sentencing. It is your responsibility to check your license status regularly through the DPS website.

How long does a DWLS conviction stay on my record?

A DWLS conviction stays on your criminal record permanently. You cannot have it removed through expungement unless the charge is dismissed or you are acquitted. However, after a certain amount of time (usually five to ten years depending on the offense level), you may be able to have it sealed, which hides it from most employers and landlords, though it remains visible to law enforcement and government agencies.