Burleson County License Hearing Guide

You Have 15 Days to Request an ALR Hearing in Burleson, Texas!

CRITICAL: 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. Don't risk it – act immediately to protect your driving privileges. Contact an attorney or request your hearing yourself as soon as possible. The 15-day deadline is non-negotiable.

How to Request Your ALR Hearing

You have three options for requesting your ALR hearing with the Texas DPS:

• 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.

After You Request Your Hearing

Once you've submitted your request for an ALR hearing, here's what to expect:

1. Request Filed: The DPS receives and processes your hearing request.
2. Hearing Scheduled: A hearing date is typically scheduled within 2-4 weeks of your request being filed. You will receive a notice in the mail with the date, time, and location of your hearing.
3. The Hearing: The hearing will take place as scheduled.
4. Decision: The ALR judge will render a decision, usually within a few days of the hearing. You will be notified of the outcome by mail.

What to Expect at the Hearing

The ALR hearing is an administrative proceeding separate from your criminal DWI case. The purpose of the hearing is to determine whether the DPS had sufficient cause to suspend your driver's license.

• Who's Present: You (the defendant), your attorney (if you choose to hire one), an Administrative Law Judge (ALR Judge), and potentially the arresting officer.
• What's Discussed: The judge will review evidence to determine if there was probable cause for the traffic stop and your arrest. This may include the officer's testimony, field sobriety test results, and breath or blood test results. They will assess whether the officer followed proper procedures during the arrest and testing process.
• How Long it Takes: ALR hearings typically last between 30 minutes and 1 hour, depending on the complexity of the case.
• Possible Outcomes: The judge can either uphold the license suspension or overturn it, reinstating your driving privileges. If the DPS fails to meet its burden of proof, your license will be reinstated.

Should You Hire an Attorney?

Hiring an attorney to represent you at your ALR hearing can be a significant advantage.

Pros:

• An attorney understands the law and can effectively present your case to the judge.
• An attorney can cross-examine the arresting officer and challenge the evidence against you.
• An attorney can help you navigate the complex legal process and protect your rights.

Cons:

• Hiring an attorney involves legal fees, which can be a significant expense.
• Even with an attorney, there is no guarantee of a favorable outcome.
• You can represent yourself at the hearing, although it may be more challenging without legal expertise.

It's important to remember the 15-day deadline applies regardless of whether you have an attorney.

If You Lose Your Hearing

If the judge upholds the suspension at the ALR hearing, your driver's license will be suspended. The length of the suspension depends on the circumstances of your case:

• First Offense DWI (BAC over .08 or refusal): 180 days suspension
• Second or Subsequent DWI Offense: 1 year suspension
• Commercial Driver's License (CDL) DWI: 1 year suspension (even for a first offense)

Occupational License:

During your license suspension, you may be eligible for an occupational license. An occupational license allows you to drive for essential purposes, such as going to work, school, or medical appointments. To apply for an occupational license, you must:

1. File a petition with the county court in the county where you reside or where the offense occurred.
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).

DPS Office Location

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. Remember the most important thing after a DWI arrest is the 15-day deadline to request your ALR hearing.