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) Uhenerepany pepsonis convicted of any offenseSOP which thisAct ekes automatic the suspension of the opePatoP?s, comm&Pclal operatoP $6 d OPcbauffeurve license of such person, the court 

### in which swh aonviction Is had shall Pequlre the surrender to It of all 0pePators *a 

### commercialoperators 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) FOPthe purpose 

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

### forfeitureof bail or collateral deposited to secure a defendant’s appeaaanoe in CouPt, 

### whichforfeiturehas not beon vacated,shall be equlvalent to a conviction.

‘Provided, however, that In 

### case of conviction for any of the offenses enumeratedHon. 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 the4suspanslon 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'slicense 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 o-1395 (lg3!$ O-1523 (1939) 1 Aptfcle 66831 expressly repealed Article 6687a and in so doing added **a** special provision that a suspended sentence shall not titlgate against the suspension of the operator’s llaense of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. Whena 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) $41; Townserid **Y.** Temei.l., 118 Tex. 463, 16 S.W*26 1963 (1.9291; SamB:>sse$ Lumber Co. v, City of Houston, 1,45Tex.. 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 

### providesthat 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 OSthe 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 

# oithej - *nt OPsentence it imposes on-one convloteb, the revoca Ion of the license still takes effect. The 

# T
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 

### underthe 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 requirethe automaticsuspension of a driver”8 license upon a conviction for driving while under the Influence of ln

### toxloatingliquor even though the sen

### tencebe swpendea.

APPROI%Ds



### J. C. Davis,JP,, 

### CountyAffairsMVlslon

Jesse P. Luton,Jr. ReviewingAssistant

CharlesD. Mathews Fixt Assistant



### BW:mw Yours very truly,

PRICEDANIEL Attorney 

### General

BY161AL?-'---L

CL-pL.q BurneliYaldrep Assistant