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San Marcos will no longer arrest people for driving with an invalid license. Now, it's just cite-and-release.
I don't know if "invalid license" includes "suspended license", but if so, the most common reason that a person's license is suspended is because of DWI.
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"Driving with an invalid license" is a bit vague, but it's probably a seperate charge from "driving with a suspended license".
The relevant laws would probably include :
§ 521.025. License to be Carried and Exhibited on Demand; Criminal Penalty -- this is driving without a license, class C misdemeanor. This is what you get when you never had a license, or you let it lapse.
§ 521.457. Driving While License Invalid, this is "driving while license is suspended", a class B misdemeanor or worse. This is what you get when you lose your license due to something like a DWI.
Class C misdemeanors never carry jail time, so citing the offending party vs. arresting them certainly makes sense. That said, if a driver is cited for such a thing, they certainly shouldn't be permitted to drive home -- the car should be driven home by somebody else or impounded.
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