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Can I move out of the state of Texas for college if I am on probation for a DWI first offense?

Fort Worth, TX |

I was arrested for a DWI 9 months ago and I'm about to go to trial in a few weeks. Assuming I am found guilty and put on probation for the next 2 years, can I still move to Arizona to go to school and go to summer school in California?

Attorney Answers 4


  1. You can only leave Texas with the permission of the judge who has got you on probation and the state that you would be traveling to. Even if the judge approves the transfer, if the receiving state rejects you, then you are stuck here. I know that California does not usually accept misdemeanor probation transfers (but they will sometimes take felony probationers) so summer school is probably not an option. A short jail sentence on conviction may be the only option that would allow you to go to Arizona and California.

    You need to discuss this situation with your lawyer to see if this is an option in your case.


  2. I agree with most of Mr. Wulcott's answer. However, before you put the cart before the horse, why do you assume you'll be convicted? Perhaps with a good defense, you'll win the case. I suggest you put all your immediate attention on winning your trial and perhaps the issue of Probatoin won't come up.

    As for doing jail time on a first offense instead of Probation, I suggest that a good lawyer will be more likely to seek community service and a Conditional Discharge with a specific condition that you attend and complete college wherever you're going. That would certainly serve society and you better than jail or probation.

    Good luck.


  3. Mr. Robinson knows nothing about Texas law and it is clear from the answers he gives. He appears to only answer questions to get points and doesn't seem to think about the consequences his terrible "advice" will have on people charged with crimes.

    "Conditional discharge with community service" is not an option under Texas law. If you are convicted of a DWI, you can either be sentenced to jail time or probation. You may be able to get back time or a very short jail sentence, but it's either that or probation.


  4. You have 2 options if you are convicted: Jail is not attractive to you and not to the court. For instance, judges in Tarrant county will generally refuse to order jail except for out of state defendants, so I assume that you could get jail in that county to go to Arizona. But jail has many issues such as license suspension that are too complicated to discuss here, so explore this carefully before you decide to accept a jail sentence. The other option: Probation was discussed by the other writers, but a bit too pessimistically, I think. The judge has options in his sentencing decision to order mail in reporting, for instance. To persuade a judge to consider this option, you want to complete all DWI education courses BEFORE sentencing and make a powerful presentation about your future intentions to avoid alcohol. I know of several cases where this type sentence was granted to worthy candidates.

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