Burnet County License Hearing Guide

Burnet County DUI License Suspension & ALR Hearing

After a DUI arrest in Burnet County, you face two separate legal battles: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically the license suspension and your right to an Administrative License Revocation (ALR) hearing. The ALR process is handled by the Texas Department of Public Safety (DPS) and is entirely separate from your criminal case. Even if your criminal charges are dismissed, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an ALR hearing to contest the suspension of your driver's license. This deadline is strict. Missing it will result in an automatic suspension of your driving privileges.

To request a hearing, contact the Texas Department of Public Safety (DPS). The request must be made to Austin DPS headquarters, not the local Burnet County office.

You can request a hearing via:

• Online: (Unavailable based on provided data)
• Phone: (Unavailable based on provided data)
• Mail: (Unavailable based on provided data)

If you fail to request a hearing within the 15-day window, your license will be automatically suspended. There are very limited exceptions to this rule.

Automatic License Suspension

Even before your criminal case goes to court, the Texas Department of Public Safety (DPS) can suspend your driver's license based on the circumstances of your arrest. The reason for the suspension depends on whether you took a breath or blood test and the results, or if you refused testing altogether.

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. The length of the suspension varies according to TX law. You may be issued a temporary driving permit that is valid until your ALR hearing or the start of the suspension period.

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 DUI. If you refuse to take a breath or blood test, your license will be suspended for a longer period than if you failed the test. Refusal carries a longer suspension under Texas implied consent law.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate from your criminal DUI case. Its sole purpose is to determine whether the Texas 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 photos of the scene.
• Understand what you can challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results.

Possible Outcomes

The ALR hearing can have one of three outcomes:

• Suspension upheld: The DPS proves its case, and your license suspension remains in effect.
• Suspension overturned: You successfully challenge the DPS's evidence, and your license is not suspended.
• Restricted/hardship license granted: (See details below)

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted or "occupational" license in Texas. This license allows you to drive for essential purposes, such as:

• Traveling to and from work
• Driving to school or job training
• Attending medical appointments

Eligibility requirements for an occupational license include:

• Having a valid Texas driver's license at the time of the offense
• Not having any other suspensions or revocations on your record
• Filing a petition with the court in the county where you reside or where the offense occurred

The costs and application process for an occupational license vary by county. You will likely need to provide proof of insurance and pay a filing fee.

An Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license, depending on the circumstances of your DUI.

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 requirements typically include:

• Paying a reinstatement fee to the Texas DPS.
• Filing an SR-22 certificate of insurance (proof of financial responsibility).
• Completing any required DUI education programs or community service.

Burnet County DMV Offices

The Texas Department of Motor Vehicles (TxDMV) handles certain driver-related services. Here are the local offices in Burnet County:

• Burnet County Tax Assessor-Collector
• Address: 220 S Pierce St, Burnet, TX 78611
• Phone: (512) 715-5230
• Burnet County Tax Office

Special Programs

• Ignition Interlock Device (IID) Program: As stated above, an IID may be required for a restricted license or after a DUI conviction.

Frequently Asked Questions

1Where will I be taken after a DUI arrest in Marble Falls, TX? After an arrest by the Marble Falls Police Department, you will likely be transported to the Burnet County Jail in Burnet for processing, about 15-20 miles north along US-281.

2What happens to my car if I am arrested for DUI in Burnet County? Your vehicle will likely be impounded by a private towing company. One such company is Hill Country Auto Salvage & Towing, located at 1239 E. FM 1431, Marble Falls, TX 78654. They can be reached at 830-693-3226 or 830-201-3301.

3How do I find out if someone has been arrested in Burnet County? To access the Burnet County Jail roster, use the county's public access portal and manually input the Username: visitor and Password: visitor. The online portal can be found at: https://portal-txburnet.tylertech.cloud/PublicAccess/Login.aspx