Skip to main content

Got a DUI in CA in 2008, moved to Texas and still haven't taken classes. What can I do to get my DL here w/o going back to CA?

Austin, TX |

It was technically a 'wet reckless' but I believe that term is exclusive to CA. I blew .04 in a parked car in front of a friend's house with my keys in the glove box. I was 20 at the time so that zero tolerance law really got me here. They want me to go back to CA and take a 3 month class but I have a job here and can't do that.

Attorney Answers 4


  1. Have you maintained contact with your PO? Have you explored options for doing the course here? It is unlikely that the California course is particularly unique, so something satisfactory is probably available in Ausin


  2. If you are a resident of Texas, you may be eligible for an Occupational Driver's License, which is sometimes called a "restricted driver's license" in other states. It is a lawsuit that you (or your attorney) can file, and if it is granted, it can get you back on the road. That being said, in most counties, you will have to show that you are taking some steps to rectify your situation in California. You might look for a way to complete those classes online.

    Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  3. Wet reckless is a CA term, but the same issues still apply to your DL here in Texas. The easiest way to legally drive right away would be an Occupational Driver's License (Restricted License in CA). An ODL will let you drive to/from work, during your job for work purposes, to/from school, and for daily household chores.

    I provided a link with more ODL info below.

    Until the Law Office of Robert Keates receives a signed fee agreement along with deposit or payment, there is no legal contract for any type of legal representation, despite any general advice or information found on this site. More at www.lawofficeofrobertkeates.com


  4. It's not clear who "they" is. A Wet Reckless at a .04% is ridiculously tough. At that level, you're only in violation of VC 23136, which is not even an infraction. It is merely a "civil offense". If I am correct, then you did not get a Wet Reckless and therefore did not get probation. If this is the case, then call the DMV Mandatory Actions Unit and request a 1650 waiver packet. I'm not 100% certain it's available for Zero Tolerance violators, but if it is, CA will release their hold on your license without you having to do the 3 month class.

    If you somehow did get a Wet Reckless with .04% and therefore did get probation, then the 3 month could be a condition of your probation. If it is, then you are in violation and have a warrant for your arrest. If this is the case, you need to hire a CA attorney to try to have the warrant recalled. Good luck.

    Jasen Nielsen

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics