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  • No DL or DWLIV

    Hey guys. Question...

    1. If you get someone DWLI and they have a previous conviction for DWLI, is it automatically a class B or does the conviction have to be within the last 12 months?

    2. If you don't have a DL period, does that ever become a class B or is it always a class C?

    Thank you.

  • #2
    1. For DWLI, it's a B if there's any prior DWLI conviction (doesn't matter if last 12 mos)
    2. I always write No DL as a Class C, but I believe the penalties (in terms of fine + jail time) increase if you get subsequent convictions within a 12 month period.

    Comment


    • #3
      Originally posted by allen_gamble View Post
      2. I always write No DL as a Class C, but I believe the penalties (in terms of fine + jail time) increase if you get subsequent convictions within a 12 month period.
      I hate when cops write for no Dl instead of DWLI. My county will take DWLI cases but when the person has 50 NO DL convictions on his record but not 1 DWLI I cant arrest for it.

      In other words write for the DWLI so we can arrest them the next time.

      Comment


      • #4
        Originally posted by Tmg View Post
        I hate when cops write for no Dl instead of DWLI. My county will take DWLI cases but when the person has 50 NO DL convictions on his record but not 1 DWLI I cant arrest for it.

        In other words write for the DWLI so we can arrest them the next time.
        If they have never had a DL, can u write for DWLI? If they never had one then its not invalid right?

        sorry if I'm confused on this one.

        Comment


        • #5
          No you can't. I don't think I have ever arrested for the enhanced DWLI.


          Originally posted by BankerBoy2646 View Post
          If they have never had a DL, can u write for DWLI? If they never had one then its not invalid right?

          sorry if I'm confused on this one.

          Comment


          • #6
            Originally posted by BankerBoy2646 View Post
            If they have never had a DL, can u write for DWLI? If they never had one then its not invalid right?

            sorry if I'm confused on this one.
            You can if they have a suspended id card. The way the law reads is driving " privilege" not drivers "license". Thats why they suspend id cards.

            No id card or dl then no you cant write dwli. It can only be no dl.

            Comment


            • #7
              DRiving While License Suspended was the most common full custody arrests our agency made years ago. Then, they changed the law making the first conviction a Class C so we only cite now. That happened around the time we had to start going through the District Attorney's Office for our arrests without warrants. I don't think there have been anyone arresting for it since then.

              Since my unit is one of the few without radar, i rely mostly on other moving violations and equipment violations with an occasional paced speeder thrown in. If the driver's ID card(privilege) or DL is invalid, they will always get cited......no warnings ever for that. Also, I used to write multiple citations, but since this is my last year, I'm only writing one unless my button gets pushed. My recent citation books are full of Exp. MVI, No DL and DWLI since I came back to patrol.

              OT: we get trained for our new ETickets next month. Our old ones all went to our traffic unit a couple of years ago so we went back to paper. Now, we will go all ETickets with a new system to boot.

              Comment


              • #8
                Originally posted by Tmg View Post
                I hate when cops write for no Dl instead of DWLI. My county will take DWLI cases but when the person has 50 NO DL convictions on his record but not 1 DWLI I cant arrest for it.

                In other words write for the DWLI so we can arrest them the next time.
                I don't understand. How can I write for DWLI if they don't have a license? Keep in mind that in the area I work, if I make 10 traffic stops, it is likely that only 5 will speak English and only 3 will have any form of ID whatsoever.

                Comment


                • #9
                  Originally posted by allen_gamble View Post
                  I don't understand. How can I write for DWLI if they don't have a license? Keep in mind that in the area I work, if I make 10 traffic stops, it is likely that only 5 will speak English and only 3 will have any form of ID whatsoever.
                  An ID isn't a driver's license... if they are licensed and it's invalid then issue them a ticket for DWLI. If they are not licensed or only have an ID then issue them a ticket for NO DL.

                  Comment


                  • #10
                    Sec. 521.457. DRIVING WHILE LICENSE INVALID. (a) A person commits an offense if the person operates a motor vehicle on a highway:

                    (1) after the person's driver's license has been canceled under this chapter if the person does not have a license that was subsequently issued under this chapter;

                    (2) during a period that the person's driver's license or privilege is suspended or revoked under any law of this state;

                    (3) while the person's driver's license is expired if the license expired during a period of suspension; or

                    (4) after renewal of the person's driver's license has been denied under any law of this state, if the person does not have a driver's license subsequently issued under this chapter.

                    (b) A person commits an offense if the person is the subject of an order issued under any law of this state that prohibits the person from obtaining a driver's license and the person operates a motor vehicle on a highway.
                    You arrest a guy for DWI but he is unlicensed, he refuses blood and is convicted. The state will assign him a DL/ID number and attach the suspension to it. You catch him a few months later driving, although he has never been licensed, he is still DWLI because he cannot obtain a driver's license while that suspension is active. There are more circumstances where the state will automatically assign you a DL/ID number although it wasn't applied for, but this is most common one I've seen.

                    The same goes with an invalid ID card, if their ID card is invalid, they cannot obtain a DL, so are DWLI.
                    "To hell with a supervisor, men follow a leader" -Texas Ranger Captain Allee

                    "Regard your soldiers as your children, and they will follow you into the deepest valleys; look on them as your own beloved sons, and they will stand by you even unto death."
                    -Sun Tzu

                    Comment


                    • #11
                      There are 3 instances when DWLI is a class B:
                      1) they have a previous conviction for DWLI, some places require it to be on CCH, some are fine with driving record
                      2) they are suspended AND have no insurance
                      3) if the person is DWLI and their license is suspended for an alcohol offense (hardly used, and not very well known, but I just looked it up and the wording seems to have changed since I last looked at it, but again, never used it.)

                      DWLI can be a class A too. If they cause an accident, are DWLI and have no insurance, it's class A.

                      As far as a no DL becoming a class B, I believe it's 3 convictions in a 12 month period makes it a class B, but not 100% on that.
                      "To hell with a supervisor, men follow a leader" -Texas Ranger Captain Allee

                      "Regard your soldiers as your children, and they will follow you into the deepest valleys; look on them as your own beloved sons, and they will stand by you even unto death."
                      -Sun Tzu

                      Comment


                      • #12
                        Originally posted by BaylorBearSW View Post
                        There are 3 instances when DWLI is a class B:
                        1) they have a previous conviction for DWLI, some places require it to be on CCH, some are fine with driving record
                        2) they are suspended AND have no insurance
                        3) if the person is DWLI and their license is suspended for an alcohol offense (hardly used, and not very well known, but I just looked it up and the wording seems to have changed since I last looked at it, but again, never used it.)

                        DWLI can be a class A too. If they cause an accident, are DWLI and have no insurance, it's class A.

                        As far as a no DL becoming a class B, I believe it's 3 convictions in a 12 month period makes it a class B, but not 100% on that.
                        I haven't reread the statute in a while on your #3, but I believe that if their license is currently suspended and they have EVER been suspended for DWI then you can enhance it. I also hardly ever arrested for this offense when I was on the streets because if we arrested everyone who was class b dwli, we'd never have anyone to do anything else.

                        Comment


                        • #13
                          I cited a bunch of people for No DL in addition to DWLI when they were DWLI without a license, just an ID card(privilege). When they finally made it to court, this one ADA told me to just go with DWLI in those instances. It has been a few years now so I don't remember the reason why. I will start going back go traffic court in the next few months so I will ask this certain ADA who used to be a County or District judge.

                          Comment


                          • #14
                            I see this argument going both ways. The easiest answer would be to contact your city prosecutor and/or county intake DA and find out from them what they expect/interpretation is of the law.

                            My city prosecutor will not take a DWLI if they only have a TX ID. Her response was it is much easier for her to prove a no DL than DWLI.

                            Comment


                            • #15


                              Here is a copy of the PC Affidavit I use, it explains the conditions in a little bit more plain English. If anyone wants a copy of this affidavit send me a PM with an e-mail address and I'll send you an editable copy of it and you can just change the county name.
                              "To hell with a supervisor, men follow a leader" -Texas Ranger Captain Allee

                              "Regard your soldiers as your children, and they will follow you into the deepest valleys; look on them as your own beloved sons, and they will stand by you even unto death."
                              -Sun Tzu

                              Comment

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