Can I sue the MVD for a 15 year old DUI just that has restricted my license?

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Can I sue the MVD for a 15 year old DUI just that has restricted my license?

I received a DUI in AZ in 2003, unbeknownst to me, AZ suspended my driving privileges. I am a TX resident with a TX drivers license and cannot get it renewed because of the hold that AZ MVD has on it. They want me to complete an alcohol/drug assessment and install a interlock device in my car for one year before they will release the hold. I live in TX and I have zero intentions to ever drive in the state of AZ ever again. Is there a way to sue the AZ MVD for this far reaching policy.

Asked on April 13, 2018 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the fair faith and credit laws, one state will honor another state's suspension.  Even though you may have no intentions of returning to AZ, Texas will continue to enforce the suspension as long as it is in effect.  As such, your only remedy is appeal the suspension in AZ.  You will need an AZ attorney (or Texas attorney who is licensed in AZ) to assist you with this appeal.  You can try to hire a TX attorney, but unless they are actually licensed in AZ, they won't be able to accomplish much more than you with a few phone calls.


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