Honorable Wilson E. Speir Opinion No. H-1853 

Texas Department of Public Safety 

5805 N. Lamar Boulevard Re: Automatic suspension 

Box 4087 of driver's license. 

Austin, Texas 78773 

Dear Col. Speir: 

You have asked about the constitutionality of the "automatic" suspension of drivers' licenses required by section 24 

of article 6687b, V.T.C.S. 

That section of the statute provides, inter e, that 

"[tlhe license of any person shall be automatically suspended 

upon final conviction" of driving a motor vehicle while under the 

influence of intoxicating liquor or narcotic drugs. Whenever 

any person is convicted of such an offense, the court in which 

such conviction is had must require the surrender to it of all 

licenses held by the person convicted; the court clerk is thereupon to forward them to the Department of Public Safety together 

with a record of the conviction. 

it, 

If the convicting court orders 

the Department will then issue a "restricted" license to 

the offender if he is not imprisoned, Attorney General Opinion 

H-794 (1976), but the original license remains suspended. V.T.C.S. 

art. 6687b, S 25. 

The Department of Public Safety has taken the position 

that once the conviction becomes final, the suspension of the 

license is automatic and no further action need be taken by the 

court or by the Department to make the suspension effective. 

It has been recently suggested, however, that the 'automatic" 

feature of the statute denies due process of law to licenseholding offenders by failing to accord them a hearing on the 

matter and by failing to accord them notification of the suspension. You ask: 

Does an in-state final conviction of driving 

while intoxicated make "automatic" the suspension of the individual's drivers license? 

P. 4329 

An Eaual Omrxtunitv E~D~OWT 
Honorable Wilson E. Speir - Page 2 

We answer in the affirmative. See 

L.Ed.2d 172 (1977). 

- 

In 1951 the Supreme Court of Texas 

(H-1053) 

Dixon v. Love, 52 

refused writ of error 

in the case of Tatum v. Texas Dep~artment oft Public Safety, 241 

S.W.2d 167 (Tex. Civ. App. -- Austin 1951, writ ref'd). The 

opinion of the Austin Court of Civil Appeals in that case rejected "due process" attacks upon the automatic suspension 

provisions of sections 24 and 25 of article 668713, V.T.C.S., 

saying, "appellant was afforded an opportunity to be heard 

on the charges against him and from which the suspension of 

his driver's license stemmed." 241 S.W.Zd at 171. See 

Taylor v. State, 209 S.W.2d 191 (Tex. Crim. App. 194n The 

suspension of a license following such an in-state criminal 

trial is an automatic incident of the failure of the license 

holder to prevail at the trial of the criminal charges lodged 

against him. 

If he finally fails, i.e., if the in-state conviction becomes final, the suspension is automatic, whether a report of 

the conviction is sent to the Department of Public Safety or not, 

whether or not the judgment of conviction specifically provides 

for the suspension, and whether or not the defendant actually 

surrenders his license to the court. No action by the court, 

the jury, or the Department of Public Safety is necessary 

to bring the suspension into effect. Marley v. State, 394 

S.W.2d 516 (Tex. Crim. ADD. 1965): Standifer v. Texas Dept. of 

Public Safety, 463 S.W.2h-38 (Tex; Civ. A-- PP. -- Houston [14th 

Dist.] 1971, no writ): Texas. Dept. of Public Safety v. Preble, 

398 S.W.2d 785 (Tex. Civ. App. -- Houston 1966, no writ): 

380 S.W.2d 783 (Tex. Civ. 

, 

301 S.W.2d 276 (Tex. Civ. APP. -- Eastland 1957, writ dism'd). 

Note, however, that section-24 of article 6687b; V.T.C.S., is 

not applicable to out-of-state convictions. Hurley v. Texas 

Dept. of Public Safety, 505 S.W.Zd 700 (Tex. Civ. App. -- Eastland 

1974, no writ); Smith v. Speir, 504 S.W.2d 936 (Tex. Civ. App. -- 

Ft. Worth 1974, nom]- 

SUMMARY 

An in-state final conviction of driving 

while intoxicated automatically suspends 

the convict's driving license without the 

necessity of further official action. 

P. 4330 
Honorable Wilson E. Speir - Page 3 (H-1053) 

APPROVED: 

jst 

p. 4331