Texas Code of Criminal Procedure
§ 42A.407 — SUSPENSION OF DRIVER'S LICENSE
CR § 42A.407Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42A. COMMUNITY SUPERVISION · Art. I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
Statute text
View on source(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 successfully complete an educational program as a condition of community supervision, or waives the required completion of the program, and the defendant has previously been required to successfully complete such an educational program, or the required completion of 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 successfully complete a subsequent educational program under Article 42A.403 or 42A.404, although the previously required completion had been waived, but the judge has not ordered a period of suspension, the department shall:
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Legislative history
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.017(a), eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 9, eff. September 1, 2021.