Austin County License Hearing Guide

Austin County DUI License Suspension & ALR Hearing

**(dui.guide - Your Guide to Navigating a DUI in Austin County, TX)*A DUI arrest in Austin County, Texas, triggers two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically the license suspension and the Administrative License Revocation (ALR) hearing. It's crucial to understand that even if you are not convicted of a DUI in criminal court, your driver's license can still be suspended through this administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Austin County, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing challenges the potential suspension of your driver's license. This is a strict deadline, so act immediately.

• Where to request: You must request the hearing from the Texas Department of Public Safety (DPS).
• How to request:
• Online: N/A
• Phone: N/A
• Mail: Send a written request to the Texas DPS office that is listed on your temporary driving permit or the notice of suspension you received.
• What happens if you miss the deadline: If you fail to request a hearing within the 15-day window, your driver's license will be automatically suspended, beginning 40 days after your arrest. There are very limited exceptions to this rule.

Automatic License Suspension

The Texas DPS will automatically attempt to suspend your license under certain circumstances following a DUI arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test revealed a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended. The duration of the suspension is typically 90 days to 1 year for a first offense.
• Temporary permit valid until hearing or suspension begins: Upon arrest, the officer likely issued a temporary driving permit. This permit is generally valid for 40 days, allowing you to drive until the ALR hearing or the start of the suspension period, whichever comes first.

If You Refused Testing

• Refusal carries a longer suspension under Texas implied consent law: Refusing to submit to a breath or blood test results in a longer license suspension than failing the test. The suspension period for a first-time refusal is typically 180 days.
• Implied consent law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to do so carries administrative penalties, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

What It Is

• Separate from criminal court: The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decide if license suspension is warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your driver's license.
• Lower burden of proof than criminal trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it is more likely than not that the suspension is warranted. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

• Gather evidence (witness statements, video, etc.): Gather any evidence that supports your case, such as witness statements, dashcam footage, or any documentation that challenges the validity of the traffic stop or the accuracy of the breath/blood test.
• Consider hiring a DUI attorney: A DUI attorney experienced with ALR hearings can represent you at the hearing, present evidence, cross-examine witnesses, and argue on your behalf.
• Understand what you can challenge: Common challenges in ALR hearings include:
• Legality of the traffic stop: Did the officer have a valid reason to stop you?
• Probable cause for arrest: Did the officer have probable cause to believe you were intoxicated?
• Accuracy of the breath/blood test: Was the testing equipment properly calibrated and maintained? Was the test administered correctly?
• Chain of custody of the blood sample: Was the blood sample properly handled and stored?

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension upheld: The hearing officer finds that the DPS had sufficient grounds to suspend your license, and the suspension will proceed.
• Suspension overturned: The hearing officer finds that the DPS did not have sufficient grounds to suspend your license, and your license will not be suspended.
• Restricted/hardship license granted: In some cases, the hearing officer may grant a restricted license, also known as an occupational license, allowing you to drive for essential purposes, such as work, school, or medical appointments (more on this below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted license, also known as an Occupational License (OL), in Texas.

• Eligibility requirements: You must meet certain eligibility requirements to obtain an OL, including:
• Your license must be suspended due to a DUI.
• You must be employed or need to drive for essential household duties.
• You must not have any other active suspensions.
• What you can drive for (work, school, medical): An OL allows you to drive for essential purposes, such as traveling to and from work, school, medical appointments, and essential household duties.
• Costs and application process: The application process involves filing a petition with the court, obtaining a court order, and then submitting the order to the DPS. There are court fees and DPS fees associated with obtaining an OL.
• IID requirement: In many cases, you will be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an OL. An IID is a device that requires you to blow into it before starting your car. If the device detects alcohol, the car will not start.

Getting Your License Back

Once your suspension period is over, there are steps you need to take to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement requirements: You will likely need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (a certificate of financial responsibility).
• Complete any court-ordered classes or programs.
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 insurance requirement: An SR-22 is a certificate of financial responsibility that your insurance company files with the DPS, proving that you have the minimum required liability insurance. You may be required to maintain SR-22 insurance for a period of time, typically two to three years.
• Classes/programs that must be completed: Depending on the specifics of your case and the court's orders, you may be required to complete a DWI education program or a community service requirement.

Austin County DMV Offices

Here are some local DPS offices in the Austin area where you can address license-related matters:

• Austin Mega Center: 911 W Anderson Ln, Austin, TX 78757 (Hours: Check DPS website as they vary)
• North Austin DPS: 12331 N Lamar Blvd, Austin, TX 78753 (Hours: Check DPS website as they vary)
• South Austin DPS: 4005 S Lamar Blvd, Austin, TX 78704 (Hours: Check DPS website as they vary)

Important: Always check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office hours and services offered.

Special Programs

• Ignition interlock device program: As mentioned earlier, an IID may be required for a restricted license or as part of your sentence in the criminal case.
• Occupational license: As described above, this allows limited driving privileges for essential purposes.
• Texas DWI Education Program: This is a mandatory program for individuals convicted of DWI in Texas. It provides education about the dangers of drunk driving and strategies for avoiding future offenses.

Disclaimer: *This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified attorney in Austin County, Texas, to discuss the specific details of your case and to receive personalized advice.## Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Austin County? A: You have only 15 days from the date of your arrest to request an ALR hearing. Missing this deadline results in automatic license suspension.

Q: Where do I request an ALR hearing after a DUI arrest in Austin County? A: You must send a written request to the Texas Department of Public Safety (DPS) office indicated on your temporary permit or notice of suspension.

Q: Can I get a restricted license if my license is suspended after a DUI in Austin County? A: Yes, you may be eligible for an Occupational License (OL) that allows you to drive for essential purposes like work, school, and medical appointments, even with a suspended license.