Bandera County License Hearing Guide

After a DUI arrest in Bandera County, you face two separate legal battles: a criminal case and an administrative process that can suspend your driver's license. This guide focuses on the administrative side – the Administrative License Revocation (ALR) process – and how to protect your driving privileges. Understanding this process and acting quickly is crucial.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence. Under Texas law, you have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

To request a hearing, you must contact the Texas Department of Public Safety (DPS). The request cannot be filed at the Bandera Courthouse.

• Online: DPS operates a web portal for hearing requests.
• Fax: The designated ALR fax line is 512-424-2650.
• Mail: Send your request via certified mail to ensure proof of delivery.

What happens if you miss the deadline? If you fail to request a hearing within 15 days, your driver's license will automatically be suspended, typically starting on the 41st day after your arrest. Don't delay; act now to protect your ability to drive.

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, the ALR process moves forward independently. Your license can be suspended based on the circumstances of your arrest, regardless of the criminal case outcome.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, the Texas DPS will attempt to suspend your license.

• BAC over 0.08: Texas law dictates a license suspension if your BAC is over the legal limit.
• Temporary Permit: The officer likely issued you a temporary driving permit. This permit is valid until the ALR hearing or until the suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties under Texas's implied consent law.

• Refusal Suspension: Refusing testing results in a longer license suspension than failing the test.
• Implied Consent: When you drive on Texas roads, you implicitly consent to provide a breath or blood sample if lawfully arrested for DUI. Refusal can lead to an automatic license suspension, even without a DUI conviction.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate from your criminal DUI case. It is conducted by an Administrative Law Judge (ALJ) from the State Office of Administrative Hearings (SOAH).

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• License Suspension Decision: The sole purpose of the hearing is to determine whether sufficient grounds exist to suspend your driver's license.
• Lower Burden of Proof: The DPS only needs to prove their case by a "preponderance of the evidence," a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or photos.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can guide you through the process, present evidence effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the validity of the breath or blood test, and whether you were properly informed of your rights. A common defense strategy is to subpoena the arresting officer. If the officer fails to appear, the suspension is often dismissed by default.

Possible Outcomes

The ALJ will issue a ruling based on the evidence presented.

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the suspension, your license will remain valid.
• Restricted/Hardship License Granted: In some cases, the ALJ may grant a restricted license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL), which allows you to drive for essential purposes. To pursue an ODL, you must file a petition in the court of original jurisdiction (Bandera County Court or District Court).

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential household duties.
• Driving Restrictions: An ODL typically restricts when and where you can drive.
• Filing Requirements: SR-22 insurance certificate, a certified abstract of the driving record, and a filing fee.
• Judicial Review: The judge must sign the order. In Bandera, this requires coordination with the County Judge's or District Judge's coordinator to get on the docket or obtain a signature in chambers.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Reinstatement requirements often depend on the outcome of your criminal case.

• Reinstatement Requirements: Fulfill all court-ordered requirements, such as completing DUI education courses or community service.
• Fees: Pay the required reinstatement fees to the Texas DPS.
• SR-22 Insurance: Obtain SR-22 insurance, a high-risk auto insurance policy.
• Classes/Programs: Complete any court-ordered alcohol education programs, such as the DWI Education Program (12 hours for first offenders) or the DWI Intervention Program (32 hours for repeat offenders). The Hill Country Council on Alcohol and Drug Awareness (HCCADA) based in Kerrville is the primary regional provider for these classes, as well as for Substance Abuse Evaluations (SAE).

Bandera County Courthouse

The Bandera County Courthouse is located at 500 Main St, Bandera, TX 78003. The courthouse is open 24 hours.

Special Programs

• Ignition Interlock Device (IID): Texas Code of Criminal Procedure 17.441 requires IID for all subsequent offenses and first offenses with BAC >= 0.15. For many defendants, release on bond is contingent upon the installation of an IID. The rural nature of Bandera limits options. Local installers include Dr. Solarize Tint (offering Smart Start) on Hwy 16 S. Other defendants may travel to Kerrville (TNT Audio) or San Antonio for installation and calibration services.
• Occupational License: Allows driving for essential needs during suspension.

Frequently Asked Questions

1. Where do I file the ALR hearing request if I was arrested for DUI in Bandera County? You must file the request with the Texas DPS in Austin, not the Bandera County Courthouse.
2. If my license is suspended after a DUI in Bandera County, can I get an Occupational Driver's License (ODL)? Yes, you can petition the Bandera County Court or District Court for an ODL if you meet the eligibility requirements.
3. Where can I complete the mandatory DWI education program if I'm convicted of DUI in Bandera County? The Hill Country Council on Alcohol and Drug Awareness (HCCADA) in Kerrville is the primary regional provider for these classes.