Visiting Drivers
Out of State Drivers Charged With DWI in Texas
A Texas DWI is a Texas case. It proceeds in a Texas court on a Texas schedule whether you live in Dallas or Denver.
Two things matter most if you are from elsewhere: the license deadline does not pause for distance, and a prior from your home state counts against you here.
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Austin DWI Defense Attorney
Ken Gibson
More than 6,000 DWI cases since 1998.
6,000+
DWI Cases Handled
Since 1998
Practicing DWI Defense
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Your out of state history counts here
Section 49.09(c)(1)(F) makes convictions from other states count as priors for Texas enhancement. A DUI picked up in another state years ago is a qualifying prior in a Texas courtroom, even though it was charged under a different name in a different system.
That matters because Texas has no washout period. There is no ten year window after which a prior stops counting for enhancement purposes. A conviction from any point in your life can turn a Texas arrest into a second offense or a felony.
The reverse question, what your home state does with a Texas conviction, is decided by that state's own law rather than by anything in the Texas code. I will not guess at it, and I would be wary of any Texas page that tells you confidently what another state will do. It is worth asking an attorney licensed there.
What Texas can do about your driving here
The administrative license case attaches to your privilege to drive in Texas. The 15 day deadline to contest it runs from the notice given at arrest, or 20 days from mailing in a blood test case, exactly as it would for a resident.
Being several states away does not extend it. If anything it makes it more urgent, because a mailed notice has further to travel and more chance of missing you.
The criminal case proceeds on the local court's schedule, in the county where the stop happened. Which county that is depends on where you were driving, not where you were staying, and the three counties around Austin run differently from each other. See my service area.
The Texas criminal case and the Texas driving-privilege case are maintained by different authorities. A county or district court handles the criminal charge, depending on its level, while DPS administers the Texas privilege under Transportation Code chapter 524 or chapter 724. They can have separate case numbers, notices, hearings, and final orders. Resolving one file does not by itself close the other, and living elsewhere does not transfer the Texas criminal case to a home-state court.
The home state controls the license it issued and may apply its own law after receiving information from Texas. Texas paperwork should therefore be kept together, including the statutory warning, DPS notices, hearing orders, and final court disposition. Only the home licensing agency or counsel licensed there can determine the separate home-state result; the Texas case does not supply a universal answer for every state.
The first call
Tell me where the stop was and what the paperwork says. From that I can tell you which courthouse it is, what the exposure looks like and what has to happen inside the license window.
Related pages
Second DWI
A 30 day minimum, no deferred, and no ten year washout in Texas.
The 15 day ALR deadline
The civil case against your license, and why a timely request stays the suspension.
Where I practice
Three counties, fourteen cities, and the county lines that catch people out.
Out of state questions
Does a DUI from another state count against me in Texas?
Yes. Section 49.09(c)(1)(F) makes out of state convictions count as priors, and Texas has no washout period, so age does not matter.
What will Texas do to my home state license?
The Texas administrative case attaches to your privilege to drive in Texas. What your home state does with a Texas conviction is governed by that state's law, and that is a question for an attorney licensed there.
Do I still have only 15 days?
Yes. The deadline runs from notice regardless of where you live, or 20 days from mailing where DPS sends the notice after blood results return.
Which county will my case be in?
The county where the stop occurred. Around Austin that is Travis, Williamson or Hays, and the three are structured differently.