If you drive under the influence of alcohol, you are putting yourselves and everyone else on the road in harm’s way. This is why the state of Texas takes DWI offenses quite seriously. And thus, they will inflict harsh consequences on you even if you committed this offense outside of state lines. For more information, continue reading and learn how an experienced McAllen, Texas DWI lawyer of the Law Office of Angel Davila can work on your behalf to fight off the penalties of your out-of-state DWI conviction.
What are the consequences of receiving an out-of-state DWI conviction in Texas?
First, it is worth mentioning that the state of Texas is part of the Driver’s License Compact. This means that they receive DWI information from other states and that they will undoubtedly be informed of your out-of-state DWI conviction. And as such, you will face consequences in Texas in addition to the sentence you received in the other state.
Specifically, your driver’s license will be suspended in Texas in some capacity. Before you are even convicted, you can have your driver’s license suspended for up to 180 days. And after you are convicted, you can expect a driver’s license suspension for at least 90 days. This may be in addition to other consequences, such as fines, jail time, and the permanent repercussions of now having a criminal record.
Am I able to fight off the consequences of an out-of-state DWI conviction in Texas?
While you can hope that Texas’ penalties are less severe than what you would have received in the state you were charged in, it is better to fight them off altogether.
For example, suppose your DWI offense was in Pennsylvania but you reside in Texas. By Texas law, the basic offense of a DWI consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. The state of Pennsylvania upholds the same DWI statute. Therefore, your Pennsylvania conviction will count as if it were convicted in Texas.
However, suppose your DWI offense was in New York State but you reside in Texas. The statute in New York State holds that you can face penalties for a BAC as low as 0.05 percent. So, you may be able to prove that your BAC was too low to qualify for a driver’s license suspension and other penalties under Texas law. This is so long as there is clear and convincing evidence that your BAC was lower than 0.08 percent.
Nonetheless, the consequences of a DWI conviction can be life-altering, regardless of the state your offense occurred in. This is why it is best to try and avoid these consequences altogether. For assistance in doing so, we recommend that you reach out to a skilled Hidalgo County, Texas criminal defense lawyer as soon as you possibly can.
Contact Our Hidalgo County, Texas Firm
For quality legal defense for criminal convictions, family law matters, and estate planning matters, contact the Law Office of Angel Davila today.