Burleson County License Hearing Guide

Burleson County DUI License Suspension & ALR Hearing

After a DUI arrest in Burleson County, you face two separate legal battles: a criminal case in court and an administrative process with the Texas Department of Public Safety (DPS) regarding your driver's license. This guide focuses on the administrative side – specifically, the potential suspension of your driver's license and the Administrative License Revocation (ALR) hearing process. While the criminal case determines your guilt or innocence, the ALR hearing determines whether your driving privileges will be suspended. It is CRITICAL to understand that these are separate proceedings, and the outcome of one does not automatically determine the outcome of the other.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 calendar days from the date of your DWI arrest in Burleson, Texas, to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS). This is NOT 10 days, as many people mistakenly believe. It is 15 calendar days, including weekends and holidays. Missing this 15-day deadline will result in an automatic suspension of your driver's license.

To request a hearing, you must contact the Texas DPS. You have three options for doing so:

• Online: While a direct link for requesting ALR hearings online isn't readily available, you may be able to find resources or submit a request through the general Texas DPS website. Check the DPS website's driver's license section for specific ALR hearing request options.
• By Mail: Send your written request to the following address:

Texas Department of Public Safety
ALR Hearings
P.O. Box 15999
Austin, TX 78761-5999

Your request must include your full name, date of birth, driver's license number, mailing address, and a clear statement requesting an ALR hearing regarding your recent DWI arrest. It is highly recommended to send the request via certified mail with return receipt requested to ensure proof of delivery and that your request is received within the 15-day deadline.

• By Phone: Call the Texas DPS at (512) 424-2600 to request your ALR hearing. Due to high call volumes, this method may take longer than submitting your request online or by mail. Business hours are generally Monday through Friday, 8:00 AM to 5:00 PM Central Time. However, verifying the hours before calling is recommended to ensure your request meets the crucial 15-day deadline.

If you miss the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so act quickly.

Automatic License Suspension

The Texas Transportation Code dictates license suspension periods for DUI offenses. The length of the suspension depends on whether you took a breath or blood test and, if so, the results. It also depends on whether you refused to provide a sample.

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, your license will be suspended. A first-time offense typically results in a 180-day suspension. The arresting officer should have provided you with a temporary driving permit, which is usually valid for 40 days, giving you time to request an ALR hearing. This temporary permit is valid until your ALR hearing or until the suspension period begins, whichever comes first.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DWI. Refusing to take a breath or blood test results in a longer license suspension than failing the test. A first-time refusal typically results in a 1-year license suspension. The Implied Consent law is detailed in the Texas Transportation Code Chapter 724.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding separate from your criminal DWI case. It is conducted by an Administrative Law Judge (ALR Judge) and is designed to determine if the DPS had sufficient legal grounds to suspend your driver's license. The burden of proof is lower than in a criminal trial. The DPS only needs to show that there was probable cause for your arrest and that your BAC was above 0.08 or that you refused to take a breath or blood test.

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, video footage, or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: An attorney experienced in DWI cases can represent you at the ALR hearing, cross-examine witnesses, and present legal arguments on your behalf.
• Understand What You Can Challenge: You can challenge the probable cause for the traffic stop, the validity of the breath or blood test, and the procedures followed by the arresting officer.

Possible Outcomes

The ALR judge will make a decision based on the evidence presented at the hearing. The possible outcomes are:

• Suspension Upheld: The judge agrees with the DPS and upholds the license suspension.
• Suspension Overturned: The judge finds that the DPS did not have sufficient grounds for the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some limited circumstances, the judge may grant a restricted or hardship license, allowing you to drive for essential purposes, such as work or school.

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an occupational license, also known as a hardship license. This allows you to drive for essential purposes, such as going to work, school, or medical appointments, during the suspension period.

To obtain an occupational license, you must:

1. File a petition with the county court in the county where you reside or where the offense occurred (which, in your case, is likely one of the three Burleson County Court locations).
2. Provide proof of financial responsibility (SR-22 insurance).
3. Pay the required court fees.
4. Obtain a court order granting the occupational license.

The cost of obtaining an occupational license varies, but it typically ranges from $200 to $500, depending on court fees and attorney fees (if you choose to hire an attorney for this process).

Getting Your License Back

After your license suspension period ends and your criminal case concludes, you must take steps to reinstate your driving privileges.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DPS.
• Fees: Contact the DPS to determine the exact amount of the reinstatement fee.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance for a certain period, typically two years, after your license is reinstated.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI education program or other court-ordered classes as part of your criminal case. Completion of these programs is often a prerequisite for license reinstatement.

Burleson County DMV Offices

The Texas Department of Public Safety (DPS) office nearest to Burleson, TX, where you can schedule appointments or obtain information, is located at:

**1901 South Main Street, Cleburne, TX 76033*You can schedule an appointment online at: https://public.txdpsscheduler.com/

Phone: (817) 645-3275 (Call to confirm hours and services.)

Ensure you call before visiting to confirm their hours of operation and services provided.

Special Programs

• Ignition Interlock Device (IID) Program: In some cases, you may be required to install an ignition interlock device on your vehicle as a condition of probation or to obtain a restricted license.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during your license suspension.

Frequently Asked Questions

Q: Where do I file for an Occupational License in Burleson County? A: You must file a petition with the county court in the county where you reside or where the offense occurred. In your case, the Burleson County Courthouse is located at 1334 St. Hwy 21 E. in Caldwell, Texas 77836.

Q: What happens if I drive while my license is suspended in Burleson County? A: Driving with a suspended license is a serious offense in Texas. You could face additional criminal charges, fines, and jail time.

Q: How can I check the status of my driver's license suspension in Burleson County? A: You can check the status of your driver's license online through the Texas DPS website or by contacting the DPS directly.