Bastrop County ALR Hearing Guide

Bastrop County DUI License Suspension & ALR Hearing

After a DUI arrest in Bastrop County, Texas, you face two separate but related legal battles: a criminal case in court and an administrative license suspension (ALS) proceeding handled by the Texas Department of Public Safety (DPS). While the criminal case determines your guilt or innocence, the ALS process focuses solely on your driving privileges. It's crucial to understand that even if you are found not guilty in criminal court, your license can still be suspended through the administrative process. This guide will help you navigate the ALS process and understand your options for maintaining your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Bastrop County, time is of the essence. To challenge the potential suspension of your driver's license, you must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This deadline is non-negotiable.

To request a hearing, you must contact the Texas Department of Public Safety (DPS). While most ALR hearings are conducted via videoconference (Zoom) or telephone, you must initiate the process with DPS promptly.

You can request an ALR hearing by:

• Online: Check the DPS website for online hearing request options.
• Mail: Send a written request to the address provided on your temporary driving permit or arrest paperwork. Ensure it is postmarked within 15 days.
• Phone: Call the DPS at the number listed on your paperwork to inquire about requesting a hearing by phone.

Missing the 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule, so act quickly.

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension may still occur depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, the Texas DPS will move to suspend your license. The length of the suspension depends on your driving history and other factors.

You will receive a temporary driving permit that is valid until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Under Texas law, by driving on Texas roads, you have given your implied consent to submit to breath or blood testing if lawfully arrested for DUI. Refusing to submit to a test carries a more severe penalty than failing one.

Refusal to submit to a breath or blood test results in a longer license suspension. This suspension is longer than if you had taken and failed the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate from your criminal DUI case. It is conducted by the State Office of Administrative Hearings (SOAH) and determines whether the DPS has sufficient evidence to suspend your driver's license.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that it is more likely than not that you were driving while intoxicated.

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Bastrop County can represent you at the ALR hearing, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DPS case, including whether the initial traffic stop was lawful, whether you were properly advised of your rights, and whether the breath or blood test was administered correctly.

Possible Outcomes

The ALR hearing can have one of three outcomes:

• Suspension Upheld: The SOAH judge finds that the DPS has sufficient evidence to suspend your license.
• Suspension Overturned: The SOAH judge finds that the DPS does not have sufficient evidence, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or occupational license (explained below).

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL), often called a hardship license. This allows you to drive for essential purposes, such as:

• Work
• School
• Essential household duties

To obtain an ODL, you must:

• File a petition with the County or District Court.
• Obtain SR-22 insurance (proof of financial responsibility).
• Pay filing fees to the Clerk.
• Obtain a judge's order.

The ODL process adds hundreds of dollars in filing fees and insurance premiums to the defendant's burden.

Depending on the circumstances of your DUI, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of the ODL.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved (whether through dismissal, plea bargain, or trial), you will need to take steps to reinstate your driver's license.

Reinstatement typically involves:

• Paying a reinstatement fee to the DPS.
• Providing proof of SR-22 insurance.
• Completing any required alcohol education classes or treatment programs.

Bastrop County DPS Offices

While the State Office of Administrative Hearings (SOAH) handles the ALR hearing itself, you may need to interact with the Texas Department of Public Safety (DPS) for license reinstatement and other matters.

(No local Bastrop County DPS office data available in research data)

Special Programs

• Ignition Interlock Device (IID): As mentioned, an IID may be required as a condition of bond, probation, or an ODL. You will lease the device from a private vendor. Installation typically costs between $70.00 and $150.00, with monthly lease payments ranging from $60.00 to $100.00. The device must be calibrated monthly.
• Occupational Driver's License (ODL): Allows limited driving privileges for essential purposes during a suspension.

A DUI arrest in Bastrop County sets off a chain of events with strict deadlines and potentially significant consequences for your driving privileges. Understanding the ALR process and taking prompt action is crucial to protecting your ability to drive.

Frequently Asked Questions

1. Where is the Bastrop County Jail located, where I might be taken after a DUI arrest? The Bastrop County Jail is located at 200 Jackson Street, Bastrop, Texas 78602.
2. How long do I have to request an ALR hearing after a DUI arrest in Bastrop County? You have only 15 days from the date of your arrest to request an ALR hearing.
3. If I am arrested for DUI in a remote part of Bastrop County, will it take longer to be processed? Yes, the Bastrop County Sheriff’s Office (BCSO) Patrol Division covers a large operational area, so transport times from remote areas to the central booking facility at 200 Jackson Street can be significant.

Sources

• Bastrop County Sheriff’s Office
• Administrative License Revocation (ALR) Program - Texas Department of Public Safety
• Bastrop County Jail
• Texas Occupations Code Section 2308.209 – Tow Rotation List in Certain Counties
• Bastrop County CSCD 21st, 335th, 423rd & 465th Judicial Districts ...