Section 521.457(f-1) TC makes a driving while license invalid a Class B misdemeanor if "it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated". If the prior suspension is an ALR suspension for a breath test refusal, is that the result of an offense involving the operation of a MV? Our officers have filed a couple of these lately, and I was of the opinion that the suspension needed to be as a result of an actual offense such as DWI, and not due to some collateral action. However now I'm not certain; possibly I'm reading the statute too literally, or just plain misinterpretting it. I would appreciate any input.

Stephanie

You're correct: If suspensended merely for refusal to blow, you've got a class C misdemeanor because ALR is an "admistrative" (non-criminal) suspension.

Double check your complete DL history and CCH. If D has a pre-2003 DWLS/DWLI conviction, you might be able to bootstrap & get a Class B. (Pre-2003, not every county consistently reported DWLS/DWLI convictions to DPS, so don't rely totally on the DL history for conviction info. Get the CCH and pull judgments to determine whether priors are convictions.)

Bottom line: You still need to craft a way to get these people on the path to legal driving. DWI course, drug education course, defensive driving, pay DPS reinstatement fees, etc. Yeah, it's expensive for D and a little more work for you, but it'll stop D from being on the revolving door into your courtroom.