Interstate Probation Complications for DWIs

family-hugging-outside-houseSo, you want to move to another state while on DWI probation? Did you get a DWI in Texas but live in another state? What are the complications? This is a very tricky and delicate matter. See the statutes below.

The bottom line is, please be aware that under the Interstate Compact Act, you may not be able to fly back to your home state forairplane a period of days or weeks after you finalize your case in Texas, until and unless the other state has formally accepted your probation (some judges are sticklers on this). The easiest way to handle this is to be prepared for an extended stay, as probation departments may not move quickly. It would appear under the statutes, that this issue applies to a DWI 2nd or more. If you have a DWI first probation, the other state may not accept a transfer at all. It also appears that on a DWI 2nd or more, the issue applies to a probation of 12 months or more.

The best way to handle these misdemeanor DWIs is to ensure that probation is not over 12 months so that the Texas interstatecourt can handle the probation without transfer (mail in, etc). Most judges under these dire and extreme circumstances, once apprised of these interstate regulations, will work with the lawyer in assuring a solution that does not tear families and lives apart unnecessarily.

Rule 2.105 – Misdemeanants
(a) A misdemeanor offender whose sentence includes 1 year or more of supervision shall be eligible for transfer, provided that all other criteria for transfer, as specified in Rule 3.101, have been satisfied; and the instant offense includes one or more of the following—

(1) an offense in which a person has incurred direct or threatened physical or psychological harm;
(2) an offense that involves the use or possession of a firearm;
(3) a 2nd or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol;
(4) a sexual offense that requires the offender to register as a sex offender in the sending state.

A Misdemeanor defendant, even on a second DWI, should be eligible for transfer, so long as they meet the Rule 3.101 criteria. That criteria states:

Rule 3.101 – Mandatory transfer of supervision
At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:
(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and
(b) has a valid plan of supervision; and
(c) is in substantial compliance with the terms of supervision in the sending state; and
(d) is a resident of the receiving state; or
(e)(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(2) can obtain employment in the receiving state or has means of support.

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