dui in Colorado for a Texas driver

[Cindertazzz]

What is the name of your state (only U.S. law)? Texas

My son, Nathan, was pulled over in Colorado over the 4th of July weekend for speeding (5 miles over the limit). He had drank 2 or 3 beers. He refused to take the breathalizer test. He did not pass the field sobriety test because when he was 17 he had brain surgery and has no feeling in his right hand.
His BAC was taken 2 hours later and was at .05. He was released from detox iin 4 hours. They did not take his tx drivers license and did not issue a ticket at that time.

Nathan hired an attorney in Colorado. The DMV hearing was October 8. His attorney initially said that a letter (which he provided) from Nate's doctor would eliminate the field sobriety test. The attorney also said that because this was a first offense and because the BAC was marginal the whole matter would be dropped.

My son's license was revoked for nine months in the state of Colorado. There will be a trial in mid November to determine if he deserved the DUI.

My question is will Texas have a hearing? Do we need and attorney here? I have spoken to two different attorneys in Texas and one said there would be a hearing. The other attorney said that Nathan should apply for an occupation license before Texas has a chance to revoke his license. The second attorney also said that his license was immediately revoked.

You can see how confusing this is. HELP!

Thanks,

Cindy

[JETX]

[quote=Cindertazzz;2382741]My question is will Texas have a hearing?[/qutoe]
No. The action is pretty much automatic and dependent on what happens in Colorado. His refusal will likely trigger an automatic suspension.

Do we need and attorney here?

Only when/if his Texas license is suspended.

For more, read the following:
Out-of-State Offenses
Suspended driving privilege in another state/jurisdiction. A person who has a suspended driving status in another state is not eligible for the issuance of a Texas license. If an adverse driving status appears in another state after the issuance of a Texas license, the Texas license is subject to cancellation. Texas Transportation Code 521.201, 37 Texas Administrative Code 15.87 (2).

Reinstatement Requirements
To prevent or lift cancellation of a Texas license due to an adverse driving status in another state, the driver must obtain a clear status from that state's respective driver licensing agency. Upon confirmation of the clear status from the out-of-state licensing agency, contact must be made with Texas Department of Public Safety (DPS) Headquarters at 512-424-2600 in order for the clearance / compliance to be applied to the Texas driver record. For this type of cancellation, documents submitted to DPS from an out-of-state COURT are NOT acceptable as proof of compliance. Compliance must originate from that state's driver licensing agency. An unpaid traffic citation in another state. The Texas Department of Public Safety (DPS) may revoke a person's license if the person has not complied with the terms of a traffic citation received in another state.

Reinstatement Requirements
Proof of payment for the out of state citation must be submitted to DPS. Proof of payment includes receipt from court, copy of money order or cashiers check, or copy of cancelled check (front and back). Upon revocation, a reinstatement fee will be required prior to the renewal/issuance of a driver license.

Out-of-State Offense. The Texas Department of Public Safety (DPS) may suspend a person's license upon receipt of a notice of conviction of an offense committed in another state that, if committed in this state, would be grounds for suspension.
Source: [url=http://www.dui.com/texas]Texas DWI/DUI Laws, Texas DUI Lawyers and DWI Attorneys[/url]