Bexar County License Hearing Guide

Bexar County DUI License Suspension & ALR Hearing

After a DUI arrest in Bexar County, you face two separate but related legal battles: the criminal case addressing the DUI charge itself, and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the Administrative License Revocation (ALR) hearing process. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Texas, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license.

To request a hearing, you must contact the Texas Department of Public Safety (DPS). You can submit the request online, by phone, or by mail using the information found on the Texas DPS - Hearing Requests page.

Missing this 15-day deadline has severe consequences. If you fail to request a hearing within the allotted time, your driver's license will be automatically suspended on the 40th day after your arrest, regardless of the outcome of your criminal case. Defense attorneys almost universally recommend requesting this hearing immediately. It delays the suspension and provides a venue to cross-examine the arresting officer regarding the probable cause for the stop, which can be invaluable for the criminal defense.

Automatic License Suspension

The Texas Transportation Code dictates that your driver's license can be automatically suspended following a DUI arrest under certain circumstances. The length of the suspension depends on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) registered at or above 0.08, your license will be suspended. The duration of the suspension varies. You will receive a temporary driving permit that is valid until the ALR hearing or until the suspension officially begins.

If You Refused Testing

Under Texas' implied consent law, found in the Texas Transportation Code Chapter 724, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusing to submit to testing carries a longer suspension period than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. It's conducted by the State Office of Administrative Hearings (SOAH). The purpose of the ALR hearing is to determine whether sufficient evidence exists to justify the suspension of your driver's license. The standard of proof in an ALR hearing is lower than in a criminal trial.

How to Prepare

Preparing for your ALR hearing is critical. Consider the following:

• 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 can guide you through the process, represent you at the hearing, and present the strongest possible defense.
• Understand What You Can Challenge: You can challenge various aspects of the case, including the legality of the initial traffic stop, the accuracy of the breath or blood test, and whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the judge finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the judge finds that the evidence is insufficient, the suspension will be overturned, and your license will remain valid.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or occupational license.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a hardship license, under the Texas Transportation Code. This allows you to drive for essential purposes during the suspension period. To obtain an ODL, you must meet certain requirements, including demonstrating a need to drive for:

• Work
• School
• Essential household duties
• Medical appointments

To apply for an ODL, you must file a petition with the court in the county where you reside or where the offense occurred. There are costs associated with filing the petition and obtaining the ODL. You may also be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of the ODL.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved and your suspension period is over (or if the ALR hearing overturned the suspension), you'll need to take steps to reinstate your driver's license. Reinstatement typically involves:

• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance (if required).
• Completing any required alcohol education courses or community service.

Bexar County DPS Offices

Here are the local Texas Department of Public Safety (DPS) offices in and around Bexar County where you can handle driver's license related matters:

Unfortunately, the provided research data doesn't include specific DPS office addresses, phone numbers, and hours of operation. You can find this information by visiting the Texas DPS - Office Locations page. You can also visit the Texas DMV page to find the Bexar County Tax office.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required as a condition of probation, an ODL, or license reinstatement. The IID prevents the vehicle from starting if alcohol is detected in the driver's breath.
• Occupational License: This has been explained above.

Navigating the license suspension process after a DUI arrest in Bexar County can be confusing and stressful. Understanding your rights and taking prompt action is essential to protecting your driving privileges.

Frequently Asked Questions

1. How long will my license be suspended if I refuse the breathalyzer in Bexar County? Refusal to submit to a breath or blood test results in a longer suspension period as per the Texas Transportation Code.
2. Where do I go to request an ALR hearing after a DUI arrest in Bexar County? You must request the hearing through the Texas DPS - Hearing Requests page.
3. If I am eligible, how do I apply for a hardship license in Bexar County? You must file a petition with the court in Bexar County where you reside or where the offense occurred.

Sources

• Texas DPS - Hearing Requests
• Texas DPS - Office Locations
• Texas DMV
• Texas Transportation Code Chapter 724