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Mr. Joseph C. Ternus 

County Attorney 

San patricio county 

Sinton, Texas 

Opinion No. WW 553 

Re: Date a conviction becomes 

final under Article 6687b, 

Section 24, V.C.S., relating 

to automatic suspension of 

driver's license. 

Dear Mr. Ternus: 

You have requested from this office an opinion to determine 

at what time a conviction becomes final under Article 6687b, Section 24, 

V.C.S. The pertinent part of that Article provides: 

"Sec. 24. Automatic suspension of license. 

"(a) The license of any person shall be automatically suspended upon final conviction of 

any of the following offenses. 

"1. Negligent homicide resulting from the 

operation of a motor vehicle; 

"2. Driving a motor vehicle while under the 

influence of intoxicating liquor or narcotic 

mm; 

“3 . Any offense punishable as a felony under the motor vehicle laws of this State; 

"4. A conviction of a driver of a motor 

vehicle involved in an accident or collision, 

upon a charge of failure to stop, render aid, 

and disclose his identity at the scene of 

said accident or collision; 

“5. A conviction upon a charge of aggravated 

assault upon the person by means of motor 

vehicle, as provided by law. 

"(b) The suspension above provided shall in 

the first instance be for a period of six (6) 

months. In event any license shall be suspended 
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Mr. Joseph C. TernuS, Page 2, (WW 553) 

under the provision of this Section for a 

second time, said second suspension shall be 

for a period of one (1) year." 

The question you presented is similar to the situation posed 

in Hayes vs. Department of Public Safety, 301 S.W.2d 276 (Tex.Civ.App. 

1957, m-it dismissed). In that opinion the Court discussed the following 

legal questions: 

(1) When is an operator's license suspended under the Article 

now under question? 

(2) Is it at the time beginning with the actual physical 

surrender or is (it) at the time when a judgment of conviction carrying 

automatic suspension becomes final? 

The Court in that opinion said that the statute had been interpreted to mean exactly what it says, that is, upon the final conviction 

of any person of the offense of driving a motor vehicle while intoxicated 

his license is automatically suspended. The Court further said that the 

suspension is not conditioned upon the surrender of license as directed by 

Section 25 of the statute nor upon the date Defendant began serving a jail 

sentence as provided by judgaent, and that the automatic suspension begins 

when the judgment of conviction becomes final. The Court, in discussing 

the reasoning stated in Powell vs State, 124 Tex.Cr1m.R. 513, 63 S.W. 2d 

713 (1933), where, in that opinion, the Court held: 

"When an appeal is taken, the sentence begins 

from the date of the mandate of the appellate 

court whether the judgment was affirmed or 

whether the appeal was dismissed at the reauest of the aouellant. See also Ex Parte 

<arey (Tex.Crim:App.) 64 S.W. 241." 

Therefore, the Court, in the Hayes case, 

purposes involved in their situation, the judgment in 

when it was affirmed by the Court of Criminal Appeals 

filing a motion for rehearing had expired. 

held that for the 

question became final 

and the time for 

Therefore, it is the opinion of this office that Hayes vs Department of Public Safety, 301 S.W. 2d 276 (Tex.Civ.App., 1957, writ 

dismissed), answers the question you presented and that the date of final 

conviction is the date which the judgment becomes final in the trial court 

and no appeal can be taken or in the event the case is appealed, the date 

the Court of Criminal Appeals issues its mandate. 
Mr. Joseph C. Terrius, Page 3, (W 553) 

SUMMARY 

A conviction becomes final under 

Article 6687b, Section 24, Vernon's 

Civil Statutes after time has 

elapsed from which no appeal can be 

made from the trial court, or in the 

event the case has been appealed, 

the date the Court of CriminalAppeals issues its mandate. 

Respectfully submitted, 

WILL WILSON 

Attorney General of Texas _ 

LS:aw 

APPROVED: 

OPINION COMMPFl!E: 

Geo. P. Blackburn, Chairman 

Riley Eugene Fletcher 

Marvin H. Brown, Jr. 

Leonard Passmore 

Gordon C. Cass 

RWINWEDFORTHEATTORNNY GENERAL 

BY 

W. V. Geppert 

Assistant 

.