I Was Arrested in Texas for DWI With an Out of State License

Stephen H.: Hello, my name is Stephen Hamilton and I’m a board certified Criminal Defense Attorney practicing in Lubbock, Texas, and the surrounding areas. And today’s DWI video clip deals with an out of state driver’s license and a Texas DWI. If you’ve been arrested for a DWI in Texas and you have an out-of-state driver’s license, then you have a different issue that you need to be concerned with. If you had a Texas drivers’ license, the arresting officer under the law would confiscate your driver’s license and give you a temporary permit. But that’s not the law when it comes to an out of state driver’s license.

Stephen H.: In fact, if you’ve been arrested in Lubbock or in Texas, and you have a driver’s license from New Mexico, or Oklahoma, or California, the officer should never take your driver’s license from you. Oftentimes the officers do. And it’s very important that we call immediately to try to get that driver’s license back before they try to send it to your home state.

Stephen H.: Texas has absolutely no ability to suspend your out-of-state driver’s license. What they can do is try to get an order in Texas and send it to the other state, let’s say New Mexico, for example, and ask New Mexico to enforce the suspension. So even if you have an out of state driver’s license, you still have the same rights as if you had an in state license. You have 15 days from the day of your arrest to request a hearing on your driver’s license, even if it’s out of state. Pick up the phone and call me. My office number is (806) 794-0394 and we can talk specifically what state you’re from and how a potential DWI or driver’s license.

Stephen H.: suspension in Texas would affect your driver’s license. That’s it for today. I’m Stephen Hamilton. I hope you have a great day.

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