DUI in VA with Texas License?

[sinistersix]

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

Ill give you all the brief story, but I feel either my lawyer is inept or purposely deceived me. Long story short, I got a dui/refusal in Nov. I am planning on moving to Texas in April. My lawyer wanted me to get my Texas License FIRST, then come to the VA court and try my DUI case. He said that the VA court cannot suspend my Texas license, and that by getting it first, I would atleast have the Tx license, as opposed to getting the DUI conviction here then trying to apply to Tx afterwards..

Come to find out after a 2 minute google search, there is something called the NDR, which basically means whatever happens in VA, happens everywhere. Did my lawyer really not know this or was he being slick in saying that " Va cannot take the Tx license" when in actuality that is true, but they would just notify Tx DPS and then Tx would take the license.

Fast forward to today. We went to court yesterday, he couldnt get a continuance, so he suggested I plead guilty then appeal. I did that. Now he wants another 3k for the second trial. At first I was sort of ok with this, because I would have my Tx license by then. But today found out it will be suspended too....again I think my lawyer screwed me.

My question. Does Texas DPS only check the NDR at times of application and renewal, or is it a real time uplink? If they only check at application and renewal then the legal strategy works, because at both times I should be clear of the DUI. But if VA sends a direct message to TX, then Tx immediately imposes the same suspension, all this hoop jumping is for nothing. Basically I am looking for anyone who was in this exact situation (getting an out of state dui with a TX license) and someone who can explain how often the NDR is checked.

Thanks!

 

[I_Got_Banned]

Here is the TX DPS Driver's license application http://www.txdps.state.tx.us/internetforms/Forms/DL-14A.pdf. See question #8. So if your VA license/privilege is currently or has been previously suspended (I assume it was/is, at least for the "refusal") then you won't be able to get a TX license.

Even if it hasn't, by you pleading guilty, and assuming that VA has/will suspend your license as a result, then (again) you won't be able to get a TX license.

The NDR is checked at the time you apply/renew. However, let us assume that you were successful in getting the TX license prior to the DUI conviction showing up on the NDR, if you were to later get pulled over in TX, law enforcement can check your record and they can, in fact, find out the status of your license and/or your driving privilege in all states, not just in TX. And having a suspension of your license and/or your driving privilege in VA, means that your TX driving privilege in TX is also suspended.

Lastly, and in addition to the NDR, you should look up the Driver license Compact and the Non Resident Violator Compact both of which obligate member states to report DUI convictions/suspensions to other member states (and both, VA and TX are members).

http://www.aamva.org/KnowledgeCenter/Driver/Compacts/

http://www.aamva.org/KnowledgeCenter/Driver/Compacts/Nonresident+Violator+Compact+(NRVC).htm