Is there an actual law against me moving to another state while on probation for a 2nd offense DWI?

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Is there an actual law against me moving to another state while on probation for a 2nd offense DWI?

I was recently put on probation for 2nd DWI. I was wondering if there was a law that I couldn’t move out of state and transfer my probation while I’m still on probation. I asked my probation office and they told me that there was a law that prohibits them from transferring a DWI probation to another state. Is that true or what do I have to do to be able to move from TX to another state?

Asked on August 2, 2011 Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under certain circumstances a probationer is allowed to transfer their probation from one state to another; approval is not automatic.  Your probation officer will have to approve. So you should ask your PO (or the court if you have not been assigned a PO) what the state's requirements are for moving; then show your PO that you have met them. The stronger the case you can make regarding the move the better.  So for example, inform them that you have a place to live, a job lined up, etc. - and have proof.  If your PO does not want to give you authorization to transfer, you may appeal the decision with the judge who presided over your case. Typically, however, judges rule on the side of the PO in these matters. You would need to show that the decision places you at an extreme hardship. You'll also have to demonstrate to the court that all state transfer requirements have been met. So again, have proof including backup documentation.

Note: Transferring probation from one state to another also requires the agreement of the receiving state.  This means that the state that you want to move to must agree to accept you and put you on probation there.


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