Last Updated on July 23, 2025 by Beltz Law Group
Out-of-State Offenses and Your Texas Driver’s License: What You Need to Know
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A common concern for many drivers is whether a traffic violation or criminal offense committed in another state can impact their Texas driving privileges. The short answer is: yes, absolutely. Texas, like most states, participates in agreements designed to share driver information across jurisdictions, meaning an out-of-state issue can indeed lead to a driver’s license suspension in Texas.
This article aims to explain how out-of-state issues can affect your Texas driver’s license. If you are currently facing a suspension due to an out-of-state incident and would like to discuss your options with our experienced legal team, feel free to contact our office today at 214-321-4105.
The Foundation: Interstate Agreements
The ability of Texas to suspend your license for an out-of-state offense largely stems from two primary interstate agreements:
- The Driver License Compact (DLC): Texas is a member of the DLC, which is an agreement among most U.S. states (currently, only a few states like Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin are not members, though even some of these may still report serious violations). The core principle of the DLC is “One Driver, One License, One Record.” This means:
- Information Sharing: Member states exchange information about license suspensions and traffic violations (especially moving violations) involving non-residents.
- “Home State” Treatment: Your “home state” (where your license is issued) is supposed to treat an out-of-state offense as if it occurred within its own borders, applying its own laws and penalties.
- Serious Violations: The DLC is particularly effective for serious offenses like Driving While Intoxicated (DWI/DUI), reckless driving, and often major speeding violations.
- The Non-Resident Violator Compact (NRVC): This compact primarily deals with non-residents who fail to comply with traffic citations (e.g., failing to appear in court or pay a fine). If you receive a moving violation in another state that is a member of the NRVC and you fail to resolve it, that state can send a notice of non-compliance to Texas. Texas DPS can then suspend your license until you provide proof that the out-of-state citation has been cleared.
Texas’s Authority to Suspend for Out-of-State Conduct
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The Texas Transportation Code directly grants the Texas Department of Public Safety (DPS) the power to take action against your license based on incidents that occur outside the state.
Texas Transportation Code Section 521.306: Effect of Conduct in Other Jurisdiction; Suspension Under Driver’s License Compact.
(a) The department may suspend or revoke the license of a resident or the operating privilege of a nonresident to operate a motor vehicle in this state on receipt of notice of a conviction of the individual in another state or a Canadian province of an offense that, if committed in this state, would be grounds for the suspension or revocation of a driver’s license.
(b) The department may give the same effect to the conduct of a resident of this state that occurs in another state or Canadian province that the department may give to conduct that occurs in this state under state law.
(c) The department may seek the suspension of the license of a person who has failed to comply with the terms of a citation to which Chapter 523 applies.
Breaking Down Section 521.306:
- Reciprocity for Convictions (Subsection a): This is the most common way out-of-state issues affect your Texas license. If you are convicted of an offense in another state or Canadian province, and that same offense would be grounds for a license suspension or revocation if it had happened in Texas, then the Texas DPS may impose that same suspension or revocation on your Texas license.
- Example: If you get a DWI conviction in Florida, and that DWI offense (with its elements) is comparable to a Texas DWI, the Texas DPS can suspend your Texas driver’s license for a period similar to what a Texas DWI conviction would incur.
- “Same Effect” for Conduct (Subsection b): This subsection gives the DPS broader authority to treat conduct occurring in another jurisdiction as if it happened in Texas. This means that even if there isn’t a direct “conviction” yet, if your actions in another state would trigger a suspension under Texas law (e.g., refusing a breath test in a state with implied consent laws that are similar to Texas’s), the DPS could initiate a suspension based on that conduct. While less common for routine traffic infractions, it provides a powerful tool for serious incidents.
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Driver License Suspension
Failure to Comply with Citations (Subsection c): This refers to situations where you receive a traffic ticket in another state and fail to pay it or appear in court (often tied to the NRVC). The other state can notify Texas, and Texas can then suspend your license until the matter is resolved. This is often an “indefinite” suspension that lasts until you clear up the original violation and pay any associated reinstatement fees in Texas.
Common Out-of-State Issues Leading to Texas Suspensions
While any offense that would lead to a suspension in Texas can trigger action, some common scenarios include:
- DWI/DUI Convictions: This is perhaps the most frequent and impactful. A DWI conviction in almost any other state will likely result in a suspension of your Texas license. The length of the suspension will generally align with what Texas law prescribes for a similar offense.
- Serious Traffic Violations: Offenses like reckless driving, vehicular assault, hit-and-run, or accumulating too many points for moving violations in another state can also lead to suspension if they meet Texas’s criteria for a “habitual violator” or other suspension triggers.
- Failure to Appear/Pay Fines: As mentioned with the NRVC, simply ignoring a traffic ticket from another state can eventually result in a Texas license suspension.
- Drug-Related Offenses: Convictions for drug offenses, even if not directly driving-related, can sometimes lead to license suspensions in Texas, regardless of where the conviction occurred.
What to Do If Your Texas License is Affected by an Out-of-State Issue
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If you’ve received a notice from the Texas DPS regarding a suspension due to an out-of-state incident, or if you suspect an out-of-state issue is affecting your Texas license status, here are critical steps:
- Do Not Ignore It: These notices are serious. Ignoring them will almost certainly lead to a valid suspension of your driving privileges.
- Act Quickly: You typically have a very limited timeframe (often 15 or 20 days) to request an administrative hearing to contest the suspension. Missing this deadline usually waives your right to a hearing.
- Understand the Out-of-State Offense: Gather all information about the original offense in the other state, including the specific charges, the outcome of the case (conviction, dismissal, etc.), and any penalties or suspensions imposed by that state.
- Consult a Texas Driver’s License Attorney: This is crucial. An experienced attorney can:
- Analyze the Specific Laws: Determine if the out-of-state offense, if committed in Texas, would indeed be grounds for suspension under Texas law. The elements of the offense in the other state must align sufficiently with Texas law.
- Request a Hearing: File the necessary paperwork to request an administrative hearing with the Texas DPS.
- Represent You at the Hearing: Present arguments and evidence to challenge the suspension, often focusing on whether the other state properly notified Texas, or whether the out-of-state offense truly aligns with Texas’s suspension criteria.
- Advise on Reinstatement: Explain the steps required to clear your license once the out-of-state issue is resolved or the suspension period ends.
- Pursue an Occupational Driver’s License: If a suspension is unavoidable, your attorney can help you apply for an Occupational Driver’s License (ODL), which allows you to drive legally for essential purposes during the suspension period.
Out-of-state driving issues can have significant and lasting impacts on your Texas driving privileges. Don’t risk driving with a suspended license or navigate this complex process alone. Contact The Beltz Law Group today at 214-321-4105 to discuss your situation with our experienced legal team.
