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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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Had an issue with a DUI 8 years ago. Went thru the 1 year

Customer Question

Had an issue with a DUI 8 years ago. Went thru the 1 year suspension with an interlock and had it cleared in AZ. I have a CDL. Went and reinstated CDL 2 years after the suspension and Had the CDL for 5 years. Just recently moved to Texas and transferred my info over to Texas. 1 month later I get a letter saying becuz I had a previous DUI, they suspend my CDL for 1 more year. Can they do that???
Submitted: 2 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, they can although if you want to fight it you may be able to get a judge to reverse the decision.

I have seen the Texas DPS do this on other occasions and have not seen a case yet where the license holder sued the state over it, likely due to the expense. However, i think that there is a reasonable chance that a judge could be convinced this was a denial of a variety of civil rights including due process. The primary argument would be that this equates to double jeopardy and that there is no due process that would take into account different circumstances.

In addition, you might be able to argue that it is a violation of the "full faith and credit" section of the Constitution since Texas is overriding another state's laws for a violation committed out of their jurisdiction. It is also possible that an effective argument could be made that this is an "ex post facto" law as i is applied to your case since you had already finished all of your punishment before they added the new one.

The problem, as you can imagine, is that it will not be a cheap process to argue this case all the way through the courts. That's why there doesn't appear to be any case law, because no one is willing to spend the money to try and change the law.

However, this is the only way to get the matter reversed.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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