Calhoun County License Hearing Guide

Calhoun DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Calhoun, Texas, can be a frightening and confusing experience. Beyond the criminal charges, you're also facing the potential loss of your driver's license. It's crucial to understand that the process of suspending your license is separate from the criminal case against you. This is an administrative process handled by the Texas Department of Public Safety (DPS) through what's known as an Administrative License Revocation (ALR) hearing. This guide will walk you through the steps you need to take immediately to protect your driving privileges after a DUI arrest in Calhoun County.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. If you fail to request a hearing within this timeframe, your driver's license will automatically be suspended. No exceptions.

Where to Request: You must request the hearing from the Texas Department of Public Safety (DPS).

How to Request: You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). This is often the fastest and most efficient method.
• Phone: Call the DPS Driver License Division. You can find the specific phone number for ALR hearing requests on the DPS website. Be prepared to provide your driver's license number, date of birth, and other personal information.
• Mail: Send a written request to the DPS address designated for ALR hearing requests. Again, confirm the correct address on the DPS website. Your written request should include your full name, driver's license number, date of birth, date of arrest, and a clear statement that you are requesting an ALR hearing related to your DUI arrest. It is highly recommended to send the request via certified mail with return receipt requested to have proof of timely submission.

What Happens if You Miss the Deadline? If you miss the 15-day deadline, your license will be automatically suspended. There is very little recourse once this deadline has passed. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was found to be 0.08 or higher, your license will be suspended. The length of the suspension varies, but typically for a first offense, it is .

You likely received a temporary driving permit at the time of your arrest. This permit is usually valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test has serious consequences in Texas. Due to the state's implied consent laws, driving on Texas roads means you've implicitly agreed to submit to testing if lawfully requested by a law enforcement officer.

The penalty for refusing a breath or blood test is a longer license suspension than failing the test. For a first offense refusal, the suspension period is typically .

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a separate proceeding from your criminal DUI case and takes place before an administrative law judge (ALJ).

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case. It only determines whether your license should be suspended administratively.
• Decides if License Suspension is Warranted: The ALJ will consider evidence presented by both you (or your attorney) and the DPS to determine if the suspension is justified.
• 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 "beyond a reasonable doubt" required in criminal court.

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., from dashcams or surveillance cameras), or any documentation that contradicts the DPS's claims.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Calhoun County can provide invaluable assistance. They understand the ALR hearing process, can gather and present evidence effectively, and can represent you before the ALJ. This is highly recommended.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, such as:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly advised of your rights regarding breath or blood testing.
• Whether the breath or blood test results were accurate and reliable.
• Whether you actually refused to take the breath or blood test.

Possible Outcomes

The ALJ will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: If the ALJ finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ 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 circumstances, the ALJ may grant a restricted or hardship license, allowing you to drive for essential purposes (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted or hardship license, also known as an Occupational Driver's License (ODL), which allows you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible for an ODL, including demonstrating a need to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court and paying associated fees.
• IID Requirement: Important: Texas law often requires the installation of an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an ODL after a DUI. This device requires you to blow into it before starting your car to ensure you haven't been drinking.

Getting Your License Back

Once your suspension period is over and your criminal case has concluded, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement vary depending on the circumstances of your case, but typically include:
• Paying a reinstatement fee to the DPS.
• Providing proof of completion of any court-ordered alcohol education programs or community service.
• Fees: The reinstatement fee is set by the DPS and must be paid before your license can be reinstated.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. This requirement typically lasts for a period of years.
• Classes/Programs that Must Be Completed: Completing any court-ordered alcohol education programs or community service is a mandatory part of the reinstatement process.

Calhoun DMV Offices

Unfortunately, specific addresses and phone numbers for the Calhoun County DPS offices are not readily available. You can find the most up-to-date information on the Texas DPS website (www.dps.texas.gov). Search for "Driver License Office Locator." This will allow you to find the nearest DPS office and confirm their hours of operation. Alternatively, you can call the Texas DPS main number for assistance.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, the IID program is often required for obtaining an ODL and may also be required as part of your criminal sentence.
• Occupational License: The Occupational Driver's License (ODL) is the restricted license discussed above.
• [Check for any other state or local programs related to DUI offenses in Texas and add them here. For example, alcohol education programs or victim impact panels.]

Disclaimer: This information is intended for general guidance only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Calhoun County, Texas, to discuss your specific situation and understand your legal rights and options. Act quickly to protect your driving privileges!