Bon. nudley Davis Opinion lo. V-1157 

District Attorney 

Center, Texas Ret Automatic suspension 

or the dPlWP ‘8 llcerise when a sentence 

Sor driving while inDear Mr. Iktvle: toxlcat@d 18 suspended. 

Your request fop an opinion Pelates to the automatic suspension of a drivePqs license of one convioted 

of the offense of driving vhile IntoxlCated whose sentence has .been suspended. 

Section 25 of Article 6667b, V&.8., pPovldes 

In part: 

*(a) Uhenerep any pepson is convicted 

of any offense SOP which this Act ekes automatic the suspension of the opePatoP?s, comm&Pclal operatoP $6 d OP cbauffeurve license of 

such person, the court in which swh aonviction Is had shall Pequlre the surrender to It 

of all 0pePators *a commercial operators 9 9 and 

chauffeuPsv llcenses then held by the person 

so convicted and the clerk OS said court shall 

thereupon forward the sasie together with a Pecod of such oOnViCtion t0 the DepaPtWnt, 

within ten (10) days from the date of oonvicMon. 

‘(c) FOP the purpose of this Act, the 

tePm ‘convlct$on8 shall mean a final convlction. Aleo, for the purpose of thfr Act, a 

forfeiture of bail or collateral deposited 

to secure a defendant’s appeaaanoe in CouPt, 

which forfeiture has not beon vacated, shall 

be equlvalent to a conviction. 

‘Provided, however, that In case of conviction for any of the offenses enumerated 
Hon. budlep Davis, page 2 (V-11,57) 

in psragpaph (a) of Section 24’ of this Act, 

and the mAteACe 0r the coupt hvl4 hem 

suspended as provided In the Statutes, such 

suspended sentence s&Z1 not mltlgatr against 

the4 suspanslon of the operator%, omuerclal 

operatorsa, or chaufreur*s license of the 

pm-non convicted.' (Footnote 1 added.) 

Prior to the enactment of Article 6687b, tNs 

oiflae consistently held that a suspended sentence did 

not aoastltutr a flnal conviction undeP Article 668?a, 

V.C.S., and tbpefore a dplver's license oould not be 

suspended under such clpcumstances 0 Att’p Gen. Ops. 

o-1395 (lg3!$ O-1523 (1939) 1 Aptfcle 66831 expressly 

repealed Article 6687a and in so doing added a special 

provision that a suspended sentence shall not titlgate 

against the suspension of the operator’s llaense of the 

person convicted. When a statute makes a general provislon apparently for all oases and a special provision 

far a part%cular case or class, the former fields and 

the latter orevafls Insofar as the lxlrtfcular case or 

class is concerned. 2 Sutherland, Statutory Constxwotfon (3rd ed. 1943) $41; Townserid Y. Temei.l., 118 Tex. 

463, 16 S.W*26 1963 (1.9291; Sam B:>sse$ Lumber Co. v, 

City of Houston, 1,45 Tex.. 492 13 _1 g-9 [l.94 ) 

canales v. Lay, lr, l&7 Tex, ‘I.&T %r)*i;,Y,2d 451 1448). 

Section 25 of Article 6687b provides that the 

court shall peaulre the sumunder to it of all operators’~ 

and,cbauffews llcensea then held by the person convicted and shall forward the same to the Department of Pub110 

Safety. It Is evident, therefore, that the revoking of 

the license Is mandatorg on the Department of Pub110 Saietr umm recelot OS the Pecord of conviction and is not 

r&u&a on any judgment bf the court ordering its suspensloa. ffilbept v. State, 152 Tex. Grim. 200, 212 S.W. 

26 182 (1mJ. Even though the cowt suspends execution oi the j - *nt OP sentence it imposes on- one convloteb, 

the revoca T Ion of the license still takes effect. The 

court oanuot suspend that result of WAViOtiOn, baaUs@ 

It Is no part of the oourt”s judgment; It 1s a n8ult 

1. Section 24 of Article 6687b requires, amaag other 

things, the automatic suspension of licenae upon rinai 

conviction for the offense of delving a motor vehicle 

vhile under the influence of intoxicating llquop. 
HOA. Dudley Davis, page 3 O-1157) 

expressly imposed by law. 

We agree with your conclusion, therefore, that 

the, driver’8 license of one convicted of driving while 

under the InflwnOe of intoxicating liquor Is autaatitally suspended despite the fact that his sentence has 

been suspended. 

Seotlons 24 and 25 of Article 6687b 

require the automatic suspension of a 

driver”8 license upon a conviction for 

driving while under the Influence of lntoxloating liquor even though the sentence be swpendea. 

A PPROI%Ds 

J. C. Davis, JP,, 

County Affairs MVlslon 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Charles D. Mathews 

Fixt Assistant 

BW:mw 

Yours very truly, 

PRICE DANIEL 

Attorney General 

BY 161 AL? -'---L CL-pL.q 

Burneli Yaldrep 

Assistant