Driving While License Invalid (DWLI) FAQs

A DWLI charge is worse than a ticket for no driver license (“No DL”). A “No DL” can be as simple as driving before you ever obtained a license, or simply not carrying your license while driving. Having an invalid license, in contrast, means you were already in violation of your license requirements and drove anyway.

If you should have gotten a DWLI but the officer mistakenly wrote a “No DL” ticket, you may have caught a bit of good luck. A conviction for “No DL” can turn that good luck into bad luck fast, though.

DO NOT JUST PAY THE “NO DL” TICKET. It results in a conviction that goes on your driving record. DPS computers will flag the conviction because it happened during a time when your driver license was invalid. DPS will send a letter demanding a new suspension at yet another court you have to attend, or it could trigger an automatic suspension you can’t fix.

Do yourself a favor and get a lawyer’s help with every ticket.

You don’t need an actual driver license to have a DWLI. The legal definition of a driver license in Texas includes your privilege to apply for one. Here’s how that works: if DPS learns of a reason you could lose a license but you don’t have one, DPS assigns you a driver license number and starts a record. From then on, DPS treats you as if you had an actual license.

Each situation is different, so the answer has to be tailored to the person. What needs to be done depends on things like the type of license you had, what caused the invalid status, and your driving record. For some, it’s as simple as paying a fee or filing a document. For others, a 2-year suspension may need to be served before a license can be reinstated.

For most drivers, the answer is an Occupational Driver License (ODL). It requires a formal, sworn petition filed with a court in a type of lawsuit. An ODL always requires you to maintain insurance. Other conditions may include having an alcohol ignition interlock device installed on any car you drive.

You’re in for some good news. The surcharge program was repealed September 1, 2019. If you had a surcharge balance that was not from a DWI, your balance was considered zero. If you were on a payment plan, it’s over now, and you won’t have to pay it again.

The news isn’t all good, however. You may still need to re-apply for your license and deal with other problems the surcharge program created for it.

An SR-22 is an official document completed by an insurance company and submitted to the Texas Department of Public Safety (DPS) to verify that you are covered by insurance. If you let your policy lapse, the insurance company immediately notifies DPS, and you lose your driver license.

Your license stays invalid until you pay a $100 reinstatement fee and re-establish proof of insurance coverage with another SR-22.

If DPS requires an SR-22, it’s due to a legal requirement caused by an event like a criminal conviction. The obligation typically lasts 2 years.

A criminal allegation alone typically doesn’t hurt your license. Failing to show up for court, or getting a conviction, can cost you your license. Driving While Intoxicated is a well-known example of a conviction that carries license-suspension consequences. Many traffic ticket situations can cause suspensions and other problems, and a single out-of-state ticket can lead to revocation. Illegal drug cases, underage drinking cases, and racing are other criminal cases with license consequences.

If you cleared all the holds and then new ones appeared, the likely reason is that you had more outstanding cases that hadn’t yet been entered into the system where holds are placed. Ultimately it’s a timing issue about when the court entered the case.

Holds on your driver license are typically called “OMNI” holds because they appear in the Omnibase program. Omnibase is not a database of every existing case against you.

Holds are typically found at www.texasfailuretoappear.com. Omnibase is used against people who have either (1) failed to appear for court, or (2) failed to pay what they owe after pleading guilty or no contest, or after being found guilty at trial. It’s important to understand that a failure to appear means your case is pending—it does not mean you “owe” anything yet.

Each and every OMNI hold must be released before you can renew your license. Simply paying the ticket tied to an OMNI hold creates a conviction that may hurt your license further. Get legal help before paying tickets.

The short answer: many ways.

The longer answer: you need immediate help with your DWLI case, but even if the DWLI is dismissed, your underlying problem remains. You need help fixing that underlying problem, and you need help to drive legally while everything is being handled. You need a comprehensive solution to your driver license mess if you ever want to drive legally again.

Examples of how a lawyer can help:

• Appearing in court for you. If the charge is a Class C misdemeanor in traffic court, a lawyer may be able to appear for you, rather than you having to travel to court and wait for hours in a crowded courtroom.
• Negotiating a non-conviction outcome. No lawyer can ethically guarantee a result, but in most situations a criminal defense lawyer can negotiate an outcome that doesn’t involve a conviction—and negotiations may include lowering costs. If your case is dismissed, you may be able to avoid all fines and court costs.
• Responsibly handling the tickets causing holds on your driver license.
• Obtaining an Occupational Driver License (ODL). If you’re eligible, a lawyer can help you get an ODL so you can drive legally while the work of restoring your license gets done. You absolutely do not want to pick up another DWLI charge while your DWLI is pending.
• Restoring your driver license. A lawyer who knows the bureaucracy surrounding your driver license can guide you back to a valid license. A license can be invalid for over 100 different reasons; most have solutions, but they take time, and a wrong step can start an ugly cycle of brand-new problems on top of the ones you already have.