Houston Man Arrested for DWI After Out-of-State Accident

 Posted on October 10, 2018 in Uncategorized

What happens when are you arrested for DWI in another state? Dustin Calhoun, a 22-year-old Houston man, will find out in the very near future. Earlier this month, Calhoun was charged with DWI in Missouri after he drove his pickup truck into a tree. He could still face consequences at home in Texas even though the DWI occurred in Missouri.

Can I Be Charged with DWI In Texas If I Was Arrested in Another State?

No. The state of Texas doesn't have jurisdiction over crimes committed outside of the state. If you live in Texas and are arrested for DWI elsewhere, you'll be subject to criminal charges in that other state.

For example, Dustin Calhoun lives in Houston, Texas. He was arrested on suspicion of DWI in Wright County, Missouri. The state of Missouri has charged Calhoun with the crime of DWI. If convicted, he will face the penalties imposed by that state. He will not be subject to additional criminal charges when he comes back home.

Can Texas Suspend My License If I'm Arrested For DWI In Another State?

While you can't face criminal charges in Texas for an out-of-state DWI, this doesn't mean that there won't be any consequences. Your Texas driver's license may be in jeopardy. The Texas Department of Public Safety (DPS) can suspend, disqualify, or cancel your license if:

1. You are convicted of DWI in another state, or
2. Your license is suspended in another state.

Out-of-State DWI Conviction

DPS can "suspend or disqualify" your Texas driver's license if you are convicted "for an offense committed in another state that, if the offense was committed in Texas, would be grounds for a suspension or disqualification." In other words, if you're arrested for DWI in another state, DPS probably has the authority to revoke your license.

However, the crime you've committed in another state must also be a crime in Texas. The elements and requirements of the crime must also be similar. DWI laws don't vary too significantly from one state to another. So, a DWI conviction in one state will likely have negative consequences for your license back home.

Out-of-State License Suspension

Your license can also be vulnerable if another state decides that a suspension is necessary. The consequences will depend on which state issued your license.

Texas License: If you have a Texas driver's license and it is suspended in another state, that license will be "subject to cancellation" back home.

Out-of-State License: If you have a driver's license issued by another state, you will be ineligible for a new license in Texas. DPS will honor another state's decision to terminate or change your driving eligibility status.

Request a Hearing If Your License is Subject to Suspension

Is your Texas driver's license at risk of suspension because you were convicted of DWI in another state? You have the right to request an administrative hearing to challenge the state. However, you only have 20 days to ask for this hearing. This will be your one opportunity to contest the suspension and fight to keep your license. It's best to have the help of an experienced Houston DWI defense attorney. Contact the Murphy & McKinney Law Firm, P.C. to schedule a free consultation with our skilled legal team today.