Burnet County License Hearing Guide

Burnet DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Burnet, Texas)

Being arrested for a DUI in Burnet, Texas, can be a frightening experience. You're likely worried about potential jail time, fines, and the impact on your reputation. However, one of the most immediate concerns is likely your driver's license. This guide is designed to provide you with crucial information about the administrative process related to your license suspension and the steps you need to take immediately to protect your driving privileges.

It's important to understand that there are two separate legal processes involved in a DUI arrest:

• Criminal Case: This deals with the criminal charges against you, such as Driving While Intoxicated (DWI).
• Administrative Case (ALR Hearing): This process, handled by the Texas Department of Public Safety (DPS), determines whether your driver's license will be suspended.

This guide focuses on the administrative process and the crucial steps you must take to challenge a potential license suspension. Time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Burnet, TX, you have a very limited window to request an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. This is a strict deadline, and missing it will result in an automatic suspension of your driver's license.

Where to Request:

You request the ALR hearing from the Texas Department of Public Safety (DPS).

How to Request:

You can request the hearing through one of the following methods:

• Online: Visit the Texas DPS website. (Search for "Texas DPS ALR Hearing Request" and follow the online instructions).
• Phone: Call the Texas DPS at the relevant number for ALR hearings. (Search for "Texas DPS ALR Hearing Phone Number" for the most up-to-date contact information).
• Mail: Send a written request to the address provided on your temporary driving permit or the Notice of Suspension you received from the arresting officer. Ensure you send it via certified mail with return receipt requested to have proof of timely submission.

Your written request should include:

• Your full name
• Your date of birth
• Your driver's license number
• The date of your arrest
• The county where you were arrested (Burnet County)
• A clear statement that you are requesting an ALR hearing.
• Your current mailing address and phone number.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This suspension will begin 40 days after the date of your arrest. Once suspended, driving is illegal and can lead to further criminal charges.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended. The basis for the suspension depends on whether you took a breath or blood test and the results, or if you refused to take a test.

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 attempt to suspend your license.

• BAC over 0.08: The standard suspension period for a first-time DUI offense with a BAC of 0.08 or higher is typically 90 days.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is generally valid for 40 days. This allows you to drive until the ALR hearing is held or until the suspension officially begins if you don't request a hearing, or the suspension is upheld.

If You Refused Testing

Texas, like most states, has an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer.

• Refusal Penalty: Refusing to take a breath or blood test carries a more severe penalty than failing a test. The suspension period for a first-time refusal is typically 180 days.
• Implied Consent Law in Texas: This law gives law enforcement the authority to request a breath or blood test if they have probable cause to believe you are driving under the influence. Refusal can be used against you in court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It is an administrative hearing conducted by the Texas DPS to determine whether there is sufficient evidence to support the suspension of your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The sole purpose of the hearing is to determine if the DPS has sufficient grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that may support your case. This could include witness statements, dashcam footage (if available), photographs, or any other information that contradicts the police officer's account.
• Consider Hiring a DUI Attorney: A qualified Burnet DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They understand the legal process and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding breath or blood testing.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL) in Texas, also known as a hardship license.

• Eligibility Requirements: You must meet certain requirements to be eligible for an ODL, including:
• Having a valid reason for needing to drive (e.g., work, school, essential household duties, medical appointments).
• Demonstrating that you have no other means of transportation.
• Not having any other suspensions or revocations on your driving record.
• What You Can Drive For: An ODL typically restricts you to driving for specific purposes, such as:
• Traveling to and from work.
• Attending school or job training.
• Traveling to medical appointments.
• Performing essential household duties (e.g., grocery shopping, taking children to school).
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, paying court fees, and providing supporting documentation. A Burnet DUI attorney can assist you with this process.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Regardless of the outcome of your criminal case, you will need to fulfill certain requirements to get your license back.

• Reinstatement Requirements: You will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any court-ordered classes or programs.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS, proving that you have the required liability insurance. You will likely be required to maintain SR-22 insurance for a period of time, typically two to three years.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI Education Program or a Victim Impact Panel.

Burnet DMV Offices

Unfortunately, there are no full-service DPS offices located directly within Burnet. The closest options would be:

• Lampasas Driver License Office: (Address and Hours - Search online for "Lampasas Texas DPS Office")
• Marble Falls Driver License Office: (Address and Hours - Search online for "Marble Falls Texas DPS Office")

Important: It is always recommended to check the Texas DPS website or call the office before visiting to confirm hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: The Ignition Interlock Device (IID) program allows individuals convicted of DUI to regain driving privileges sooner by installing a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As discussed earlier, an Occupational Driver's License (ODL) allows you to drive for essential purposes while your license is suspended.
• Texas DPS Programs: The Texas DPS offers various programs and resources related to DUI prevention and education. Visit their website for more information.

This information is intended as a general guide and should not be considered legal advice. If you have been arrested for DUI in Burnet, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Remember, the 15-day deadline to request an ALR hearing is critical, so act now.