Honorable Oscar B. McInnis 

Criminal District Attorney 

Opinion No. M-1057 

Hidalgo County Courthouse Re: 

Edinburg, Texas 

Is an operator's license 

subject to automatic suspension under Article ~6687 

(b), Section 24 V.C.S., 

when the holder of the 

license is convicted of 

D.W.I. subsequent offense, 

802 V.P.C., but the imposition of sentence is suspended 

and he is placed on probation 

under the provisions of the 

adult probation act, Article 

Dear Mr. McInnis: 42.12, V.C.C.P.? 

You have requested an opinion of this office on the following question rephrased: 

Is the operator's license subject to automatic suspension under Article ~6687(b), Section 

24, V.C~.S., when the-holderof~the license is 

convicted of D.W.I., subsequent offense, 802 

V.P.C. but the imposition of sentence is suspended and he is placed on probation under the pro- 

,vision ~of the adult probation Act, Article 42.12, 

V.C.C.P.? 

Article 6687(b), Section 24, Vernon's Civil Statutes provides as follows: 

"Section 24(a) The license of any person 

shall be automatically suspended upon final 

conviction of any of the following offenses:" 

“2 Driving a motor vehicle while under 

the influence of intoxicating liquor or narcotic 

drugs." 

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Honorable Oscar McInnis, page 2 (M-1057) 

Article 6687(b), Section 25(c) was amended by the 61st 

Legislature, September 1; 1969, eliminating that portion 

thereof which provided that if the courts suspended the sentence 

such suspended-sentence would.not mitigate against the suspension of operator's license so that Section 25(c) now reads 

as follows: 

"(c) For the purpose of this Act, 

the term "conviction" shall meana final 

conviction. Also, forthe purpose of this 

Act, a forfeiture of~bail or collateral 

deposited.to secure a defendant's appearance in Court, which forfeiture has not 

been vacated, shall be equivalent to a 

conviction." 

In construing the term "final conviction" as used in 

Article 6687(b), Section 24 the courts have held that "final 

conviction" is a judgment of conviction from which a motorist 

has exhausted.his right to appeal. Hays v. Texas Department 

of.Public Safety, 301 S.W.2d 276 (Tex. Civ. App. 1957); 

. 

Allen v. Texas Department of Public Safety, 411 S.W.Zd 644 

(Tex. Civ. App. 19661. A conviction and grant of probation 

under Article 42.12, is a final judgment which is appealable 

even.though sentence is probated, Gossett v. State, 252, S.W. 

2d 59, 162 Tex. Crim. App. 52 (1953);~Pitts v. State, 442 

S.W.Zd 389, 390 (Tex. Crim. 1969). The fact that the judgment may be subject to being,set aside as provided in Section 

7 of the Adult Probation Act, makes it no less a final con- 

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Honorable Oscar McInnis, page 3 (M-1057) 

viction as any other conviction subject to appeal, habeas 

corpus, executive pardon or other. collateral relief. 

In view of the construction placed on "final conviction" 

by the state courts in the - and Allen cases and in an 

attempt to harmonize if possible Article 6687(b), Section 

24, and Article 42.12, in such a'way as to give effect to 

each enactment, and avoid conflicts between them,55 Tex. Jur. 

2d "Statutes"' Section 186; itwould appear.that "final 

conviction". as that term is-used therein is a judgment of 

conviction from which the person.convicted and probated 

under the.terms of the-Adult Probation Act has exhausted 

his right.to appeal. 

The Legislature has the.right and power to enact statutes 

for the protection of the general public traveling the highways of Texas and to require that the privilege of maintaining an operator's license be~atfendent with some obligations 

and responsibilities. Gaytan.v..Cassidy, 317 F.Supp. 46 (W. 

D., Tex., 1970); Gillespie v. Texas Department of Public 

Safety, 152 Tex. 459, 259 S.W.2d 177 (1953), Cert.Den. 347 

U.S. 933. In Article 6687(b), Section 24, the automatic 

suspension of a driver's license is.solely for the protection 

of the public using the highways. The action is not penal in 

nature. Cooley v,.Texas Department of Public Safety, 348 

S.W.Zd 267 (Tex. Civ. App.,.l961); Troutman v. Texas Depart- 

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Honorable Oscar McInnis, page 4 (M-1057) 

ment of Public Safea, 416 S.W.2d 539 (Tex. Civ. App. 1967): 

1 

Davison v. State, 313 S.W.2d 883, (Tex. Crim., 1958). 

When the purpose of a statute is ascertained the significance of the words used may be restricted or enlarged in 

order to effectuate that~purpose and to give the statute the 

meaning which the law makers manifestly intended. Texas and 

N. 0. R. Company v. Railroad~~Commission, 145 Tex. 541, 200 - 

S.W.Zd 626 (1947). Considering the primary object of Article 

6697 (b), Section 24,.and the consequence of a contrary construction, it is reasonable.to conclude that the Legislature 

intends that a person twice convicted of the offense of 

driving.while intoxicated, even though probated, is subject 

to the automatic suspension of,his operator's license. Art. 

6687(b). Sec. 24. 

The mere omission by the Legislature of the language of 

Section 25(c), paragraph 2, -can by no rule of statutory 

construction be construed to mean that the Legislature intended 

that the conviction and probationunder Article 42.12 not reyuire.an automatic suspension of the operator's license where 

an express legislative ,provision mandates the suspension. 

Accordingly, a person convicted of D.W.I. second offense 

where the sentence is probated under the.terms of the Adult 

Probation Act- Article 42.12, V.C.C.P., is subject to having 

his operator's license automatically suspended. 

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Honorable Oscar McInnis, page 5 (M-1057) 

SUMMARY 

A person convicted of D.W.I. subsequent 

offense where the sentence is probated under 

the terms of the Adult Probation Act, Article 

42.12, V.C.C.P., is subject to having his 

operator's license automatically suspended. 

Art. 6687(b), Sec. 24, V.C.S. 

7 

Very truly yours, 

Prepared by Guy C. Fisher 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Lonny Zwiener 

Jack Sparks 

Bill Flanary 

Bob Lattimore 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

. 

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