What to do if I had a misdemeanor DUI conviction in another state and was taking court appointed classes but left state before finishing?

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What to do if I had a misdemeanor DUI conviction in another state and was taking court appointed classes but left state before finishing?

Cannot get a driver’s license in current state. What needs to be done?

Asked on November 2, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your DUI is in Texas, then you may have to wait a period of time before getting your license since Texas has automatic provisions for DL suspensions after conviction-- so if you case was not finalized and you return to finish the case-- then the suspension won't kick in until your case is finalized with a judgment.  However, Texas and may other states do have provisions for what are commonly referred to as "hardship licenses."  This is where the court grants you the limited right to have a license to travel to work or take care of children.  The court will usually restrict your driving hours as well-- depending on your employment.

But your first step is just to get the criminal case resolved.  If you failed to appear for court you could be facing additional charges.  In Texas, it is a separate criminal offense to fail to appear for court.  If your DUI was a misdemeanor--your bail jumping charge would be a class A misdemeanor.  If your DUI was a felony, then the bail jumping charge would be a third degree felony.  Get your criminal case resolved, find out if there is going to be another suspension (depending on where your criminal case is pending) or charge coming your way, and then work with an attorney to help you get a hardship license if this option is availble in the state in which you reside. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely there is an outstanding bench warrant for your arrest in the state where you were convicted for a DUI due to your failing to complete the court ordered classes. I suggest that you consult with a criminal defense attorney about clearing the presumed outstanding warrant for your arrest and resolving the completion of your sentence for the DUI conviction.

Most likely you will be able to get a driver's license in your new state of residence even if there is an outstanding bench warrant for your arrest due to you not completing your sentence for the DUI conviction.


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