How A DWI Arrest In Texas Can Affect Your Out-Of-State Driver’s License

How A DWI Arrest In Texas Can Affect Your Out-Of-State Driver’s License

If you’ve been arrested for DWI in Texas but hold a driver’s license from another state, you may be surprised to learn that Texas can still take actions that impact your driving privileges. We represent many out-of-state drivers in Galveston and across Houston who find themselves facing serious consequences from a Texas DWI arrest, even when they weren’t planning to stay in Texas. What most people don’t realize is that the moment you’re arrested in Texas, the effects can follow you back home through license suspensions, fines, and even criminal penalties under your own state’s laws.

At Mark Diaz & Associates, we make sure you understand exactly what’s at stake. A DWI is not just a Texas problem. Through an agreement known as the Driver License Compact (DLC), Texas reports traffic offenses, including DWI arrests and convictions, to your home state. From there, your state’s motor vehicle agency may impose penalties of its own. Whether you’re visiting for business, vacation, or passing through Galveston or Houston, a DWI arrest in Texas can turn into a lasting issue in your home state if not handled aggressively and correctly.

Texas Has Authority Over Driving Privileges Within Its Borders

Even if your license is issued in another state, Texas still has the right to suspend your driving privileges inside Texas if you’re arrested for DWI here. Under Texas Transportation Code § 521.292, the Department of Public Safety (DPS) can suspend or revoke a person’s right to drive in Texas, even if they hold an out-of-state license.

This means that if you are stopped in Galveston and arrested for DWI, Texas DPS can immediately begin administrative license suspension proceedings. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing in time, your Texas driving privileges will be suspended automatically, even though your license was issued by another state.

The Driver License Compact Connects Texas To Your Home State

Texas is a member of the Driver License Compact (DLC), an agreement between most U.S. states that allows them to share information about serious driving offenses. If you are convicted or administratively penalized for a DWI in Texas, DPS will report that violation to your home state’s licensing agency. Your state may then take action under its own laws.

For example, if you’re a Florida driver convicted of DWI in Texas, Florida’s Department of Highway Safety and Motor Vehicles may suspend your license based on the Texas offense, even though the incident occurred outside Florida. Each state decides what penalties to apply, but most states treat out-of-state DWI offenses the same as if they happened at home.

Your DWI Arrest May Trigger A Chain Reaction Across States

Here’s how the process often unfolds:

• You are arrested for DWI in Texas.
• Texas DPS begins administrative action to suspend your Texas driving privileges.
• If you are convicted of DWI under Texas Penal Code § 49.04, Texas will report that to your home state.
• Your state’s DMV may impose its own penalties, including suspension or points on your license.
• If you try to renew your license or apply for a new one, the DWI may still appear in the national system.

That’s why we aggressively defend our out-of-state clients, not just to protect their rights in Texas, but also to prevent a ripple effect once they return home.

Texas Penalties For DWI Still Apply Even If You Don’t Live Here

A common mistake is thinking that you can ignore a Texas DWI because you don’t live here. That is not true. A DWI in Texas is a criminal offense, and the consequences follow you regardless of residency. Under Texas law, a first-time DWI is typically a Class B misdemeanor under § 49.04, punishable by up to 180 days in jail, a $2,000 fine, and license suspension. Aggravating factors such as a BAC of 0.15 or more (making it a Class A misdemeanor) or having a child passenger can increase the penalties dramatically.

A conviction also leads to a permanent criminal record in Texas, which can show up in background checks, job applications, and future interactions with law enforcement, no matter where you live.

Fighting A DWI In Texas Is Critical To Protecting Your Record Nationwide

We advise out-of-state drivers to fight Texas DWI charges with the same urgency as if they lived here. The reality is, your driving record, insurance rates, and employment opportunities may all be impacted back home. We work to challenge every part of the case, from the traffic stop to the breath or blood test. If we can beat the DWI or have it reduced to a lesser offense like obstruction of a highway or reckless driving, you may avoid the collateral consequences in your home state altogether.

When representing out-of-state clients, we also focus on minimizing court appearances. In many cases, we can appear in court on your behalf or resolve the case without requiring you to return to Texas, saving you time and travel expenses.

We Understand The Importance Of The Administrative License Hearing

The ALR hearing is often the first chance to fight for your driving privileges. It is a civil proceeding separate from the criminal case, but it plays a major role in both. If we prevail at the ALR hearing, we can help keep your license valid and create a stronger defense record. If you do not request this hearing, your driving privileges in Texas will be suspended automatically 40 days after your arrest.

For out-of-state drivers, avoiding an ALR suspension can also help avoid triggering an automatic notice to your home state DMV. We treat these hearings as critical components of your overall defense.

We Can Help Protect Commercial And Professional Licenses

If you hold a commercial driver’s license (CDL) or another professional license (like a pilot’s license or healthcare certification), a Texas DWI arrest can place your entire career in jeopardy. CDL holders are subject to stricter standards under federal and state law. A DWI arrest, even while driving your personal vehicle, can lead to disqualification.

We advise professional clients immediately after arrest to protect their license status, avoid disclosure mistakes, and develop a defense strategy that preserves both their record and livelihood.

FAQs About Out-Of-State Driver’s Licenses And Texas DWI Arrests

Will My Home State Suspend My License Because Of A Texas DWI Arrest?

It depends. Most states treat out-of-state DWI convictions the same as in-state offenses. If Texas reports your conviction to your state through the Driver License Compact, your state may suspend your license under its own laws.

Can Texas Suspend My Out-Of-State License Directly?

Texas cannot revoke or suspend a license issued by another state, but it can suspend your privilege to drive in Texas. If you are caught driving in Texas while suspended, you may face additional charges, including Driving While License Invalid (DWLI).

Will A Texas DWI Show Up On My Driving Record In Another State?

Yes. If you are convicted or face an administrative license suspension in Texas, your home state may record that event. It will likely appear on your driving history and be considered by insurers and government agencies.

Do I Have To Return To Texas For Court Dates If I Live In Another State?

In many cases, we can appear on your behalf and handle procedural matters without requiring your presence. However, for trial or key hearings, your appearance may be necessary. We work to limit your travel as much as possible.

What Happens If I Ignore A DWI Charge In Texas Because I Live Elsewhere?

Ignoring the charge can result in a warrant for your arrest. That warrant could show up in law enforcement databases nationwide. If you are stopped in your home state, you may be arrested and extradited to Texas.

Can I Keep My CDL If I Get A DWI In Texas But Live In Another State?

A DWI conviction in Texas can result in a CDL disqualification under federal law. It does not matter which state issued your CDL. If you hold a CDL, contact us immediately after your arrest to protect your livelihood.

How Do I Know If My State Will Penalize Me After A Texas DWI?

Each state has its own laws, but many treat out-of-state DWIs as if they occurred locally. Check with your state’s DMV or speak with a defense attorney in your state. We often coordinate with out-of-state counsel on these cases.

Can A Texas DWI Be Expunged Or Sealed From My Record?

A conviction generally cannot be expunged. However, if your case is dismissed or you are acquitted, you may be eligible for expunction. In some cases, non-disclosure (sealing the record) may be available under Texas Government Code § 411.0726. We’ll assess your options based on how your case resolves.

Can I Get A Hardship License In Texas If My License Is From Another State?

No. Hardship or occupational licenses in Texas only apply to Texas driver’s license holders.

However, by avoiding suspension here, you may prevent problems in your home state. We can also help reduce the risk of a suspension being reported.

Will A Texas DWI Affect My Auto Insurance In Another State?

Yes. A Texas DWI conviction or administrative suspension will likely be shared with your state and your insurer. This may lead to rate increases or denial of coverage, even years after the offense occurred.

How Quickly Do I Have To Act After A Texas DWI Arrest?

You must request an ALR hearing within 15 days of your arrest to contest your license suspension. Waiting too long will result in an automatic suspension. Contacting a defense attorney immediately is critical to preserving your rights.

Call Mark Diaz & Associates Today To Protect Your Rights After A Texas DWI Arrest

At Mark Diaz & Associates, we aggressively defend out-of-state drivers charged with DWI in Galveston, Houston, and throughout Texas. We understand how a single mistake can turn into lasting damage across multiple states. Whether you’re a visitor, student, or traveling professional, we fight to protect your driving privileges, your record, and your future.

Contact our Galveston DWI attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. We’re here to defend your case and help you move forward, wherever home may be.