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When obtaining a TX driver's license, can Texas enact additional penalties for a Colorado DWAI?

Houston, TX |

1 year ago I was arrested for a DUI in CO (while a CO resident with a CO driver's license) and ultimately pled guilty to a reduced charge of DWAI (note: this is not equivalent to DWI in TX. CO's DWAI is a lesser charge for a BAC between 0.05 and 0.079 which, as far as I'm aware, TX has no equivalent to). I received 1-year probation which was dismissed after 6 months because I completed all the terms early. My license was not suspended because DWAI is only 8 points (out of a possible 12 annually in CO) and the DMV civil hearing was dismissed. I thus have a valid CO driver's license.

This month, I relocated to Texas for a job. Is there any possibility of TX attempting to enact any penalties against me when I get a TX driver's license given that I blew over 0.08 and have the DWAI on my MVR?

Just to be clear, both the civil (DMV) and criminal cases in CO are closed. The DMV case resulted in a dismissal of the hearing without a judgement against me and the criminal case resulted in the DWAI conviction and subsequent probation, which I've completed. I thus have no further legal obligations or penalties in CO. Additionally, to be safe, I obtained a notarized copy of my CO MVR from the DMV stating that I am "eligible to apply for a driver license in the state of Colorado or any other jurisdiction."

Attorney Answers 3


Based on the information you provide, it seems unlikely that you will have any problem getting a Texas driver's license. Since your CO license is valid, Texas is unlikely to give you any problems. You should go to DPS and apply to see what happens.

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My avvo answers are not legal advice. This is not an attorney client relationship. Before making any decision on how to proceed, you should hire the best local criminal defense lawyer you can afford. Do not post sensitive information on Avvo, this forum is not privileged or confidential.

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You probably will not have any trouble getting a license and I recommend that you go to DPS to start the process. One word of caution is to watch your mail. Anytime DPS is going to suspend your license they notify you by mail. If you receive a notification by mail, I recommend that you contact an attorney as soon as possible because there are normally deadline for fighting license suspensions.

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