Texas is a popular destination for both business and leisure travelers. With its diverse attractions and vibrant culture, it’s no surprise that millions of people visit the state each year. But what happens if you’re an out-of-state driver and you’re charged with driving while intoxicated (DWI) in Texas?
Imagine this: You are visiting Texas for a business trip or a sporting event. You decide to have a few drinks with your colleagues or friends after a long day. You feel fine and confident to drive back to your hotel. But on your way, you see the flashing lights of a police car behind you. You pull over, and the officer asks you to step out of the vehicle. You are asked to perform standard field sobriety tests. Then, the officer tells you to turn around and place your hands behind your back. You are placed in handcuffs and informed that you are being placed under arrest for driving while intoxicated (DWI).
The Consequences Can Be Severe
Even if you’re not a resident of Texas, a DWI charge in the state can have far-reaching effects on your freedom. Texas is a participant in the Driver’s License Compact (DLC), an agreement that allows states to share information about traffic violations and convictions, including DWI offenses. This means that if you’re charged with a DWI in Texas, your home state will be notified.
A DWI conviction can result in jail time, fines, and other penalties. A first-time DWI offense includes fines of up to $2,000, jail time of up to 180 days, and driver’s license suspension for up to a year. But the impact doesn’t stop there. A DWI conviction can also affect your career, academic aspirations, family life, and reputation. That’s why it’s crucial to take the charge seriously and seek the help of an experienced McKinney DWI attorney.
The Next Steps for Out-of-State Drivers After a DWI Arrest in Texas
If you’re an out-of-state driver arrested for DWI in Texas, it’s important to understand what happens next. Even though you’re not a resident of Texas, a Texas court will have jurisdiction over your case. This means that your DWI case will be heard and tried in Texas.
In Texas, as in most other states, there are two processes that take place after a DWI arrest: a criminal process and an administrative process.
The Criminal Process and Its Consequences
If you’re charged with DWI or another related offense in Texas, you’ll need to address the criminal charges in Texas. It’s beneficial to hire an attorney in Texas because they can help you navigate the legal system and may be able to negotiate for dismissal or prepare for trial. This can allow you to return home while charges are pending.
The Administrative Process and Its Consequences
If you’re convicted of DWI in Texas, the state will report the conviction to the licensing department in your home state. If your home state would have suspended your driver’s license for a DWI conviction, then your license will be suspended according to your home state’s laws. Your home state will enter your driver’s license suspension into the National Driver Registry, which means that any state can find out if your license is suspended or not.
How Texas Reports DWI Convictions for Individuals with Out-of-State Driver’s Licenses
Texas is one of the 45 states that participate in the Driver's License Compact (DLC), an agreement that allows states to share information about traffic violations and convictions, including DWI offenses. This means that if you are convicted of a DWI in Texas, the Texas Department of Public Safety (DPS) will notify your home state of the conviction.
If your home state does not suspend your license for a Texas DWI conviction, you may still face some restrictions or challenges when driving in Texas, such as:
You may be required to carry proof of insurance or SR-22 certificates, which are documents that show that you have adequate liability coverage for high-risk drivers
You may be subject to increased insurance rates or surcharges, which are additional fees that insurance companies charge for drivers who have been convicted of DWI or other serious offenses
You may be denied a rental car or face higher fees, as some rental companies may not rent vehicles to drivers who have been convicted of DWI or have a suspended license
You may encounter difficulties when renewing or applying for a new license, as some states may require you to disclose your out-of-state DWI conviction and provide proof of completion of any required programs or payments
Is it Worth Fighting a DWI Charge in Texas as an Out-of-State Driver?
The answer is yes. Even if you’re not a resident of Texas, a DWI conviction in the state can have serious consequences that can follow you back to your home state. You may face similar penalties and restrictions as if the charge had occurred in your home state. That’s why it’s important to consider fighting the charge with the help of an experienced Texas DWI attorney.
A skilled attorney can help increase your chances of having the case dismissed or acquitted by challenging the validity of the arrest, breath or blood test, or evidence. They can also negotiate a plea bargain or reduced charge with the prosecutor. And if you hire an attorney, in most cases, you won’t be required to return to Texas for each appearance but will have to return if the case goes to trial.
How a McKinney Driver’s License Suspension Lawyer Can Help
A skilled McKinney Driver’s License Suspension Lawyer can help you navigate the legal system and fight for your rights. They can challenge the evidence against you, negotiate with the prosecutor, and represent you in court. With their help, you may be able to avoid or reduce the consequences of a DWI charge in Texas.
Here are some ways a McKinney DWI attorney can help:
Challenging the validity of the arrest, the breath or blood test, or the evidence.
Negotiating a plea bargain or a reduced charge with the prosecutor.
Representing you in court or administrative hearings, such as the Administrative License Revocation Hearing.
Advising you on the best course of action for your situation and goals.
Conclusion
An out-of-state DWI in Texas can have serious and lasting effects on your license, your driving record, your insurance rates, and your freedom. It is important to understand the consequences of a DWI in Texas and how to deal with them.
If you are facing an out-of-state DWI in Texas, you should contact a lawyer for a free consultation as soon as possible. A McKinney Driver’s License Suspension Lawyer can help you navigate the complex legal system and fight for the best possible outcome for your case.
For more information and resources on DWI laws and penalties in Texas, visit our website. You can also share this blog post with your friends or family who may benefit from it.
Remember: Don't drink and drive. Stay safe, and enjoy your time in the Lone Star State!