GROVER SELLERS

X Im

Honorable Jouette Bonner County Attorney Jack County Jacksboro, Texas

Dear Sir: Opinion No. 

### o-6647 Re: Suspension of driving privileges of a discharged serviceman who has been convicted ofdriving while intoxicated during the period ofhis exemption from the requirement of a drivers' license as provided for in Senate Bill 109, 49th Legislature..

wehave received your letter of August 28, 1945, wherein you request an opinion of this department with respect to the following facts in substance:

An honorably discharged serviceman, who is exempt from the requirement of a~drivers' license for aperiod of sixmonths after discharge by virtue of senate Bill 109, 49th Legislature, has been convicted of the offense of,driving while intoxicated. Said conviction automatically suspends a erson's drivers' license under the Texas Drivers’ License Eaw. You then ask this question: "Does the conviction prevent them driving for sixmonths from the sentence, or,when they apply for a license will they be denied the license for sixmonths or issued the license and then it cancelled for sixmonths?"
By Acts 

### 1945,49th Legislature, R. S 

### At~.,l,“hiIkl page 5’9,the Legislature amended Chapter 173, r Section 

### 3, Acts of the 47th Legislature, 1941, "Drivers' Likense Law", by adding subsection 6, which reads as follows:

"Sec. 

### 3. What persons are exempt from license.
"The following persons are exempt from license hereunder:
1; ()

. Any person in the armed forces of the United Otates-who is on leave or furlough ormay be temporarily absent from hisHonorable Jouette Bonner -page 2,

### o-6647

orher post of duty, orwho has been honorably discharged from the armed forces of the united Dtates ofAmerica for notmore than six 

### (6)months.

. . ."
Section 24, Art. 4, of the aforementioned Chapter 

### 173,provides for the automatic suspension of the drivers' license upon conviction of any of several offenses, among which is f12. Driving
amotor vehicle while under the:influence of intoxicating liquor or narcotic drugs." This section further reads that the suspension above provided for shallbe in the first instance aperiod of six

### ~(6) months. We wish toparticularly point out that this se&ion of the statute provides for the automatic suspension of the "license" of the driver convicted of driving while intoxicated. Obviously, where there isno license, none may be automatically suspended, which isthe case here. Therefore, negative. we answer each part ofyour question inthe

In an opinion of this department dated July 29, 

### 1943,to the Honorable J. B. Draper, 'hief, 3rivers'.License Division, Department of Public Yafety of the State~of Texas, itwas held thatwhen aperson has never been issued a license his driving privilege cannot be suspended under the said section 

## 24. We quote the following language therefrom:

"An official license may be said tobe apermission granted by pubIic authority to perform certain acts which are forbidden by law except to persons obtaining suchpermission. Hoetllng vs. City of San Antonio, 

### 85Tex. 

### ,228, 20S.W. 

### 85,16~..R'.A.,608. The-term 'license'may be used to designate thepermission itself. .Therecan be no suspension proceeding instituted to suspend a driving privilege which isnot existent by reason of the fact that the person has not been issued a drivers' license."
Any action taken in thiscase by theDepartment of Public safety, should this serviceman apply for a license at the termination ofhis exemption period, may be that as taken in the
case of an ordinary application for license under Article II of theDrivers' License Law entitled 'Issuance of license, Expiration, and Renewal." Yours very truly ATTORNEY GENERAL OF TEXAS s/Eugene Alvis BY Eugene Alvis
a/ Jack K. Ayer
JKA:zd/cg BY Jack K. Ayer
Approved Opinion Committee By BWB, .,~. Chairman