Callahan County License Hearing Guide

Callahan DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Callahan, Texas? Your driver's license is on the line, and you need to act fast. This guide provides immediate, practical information about license suspension and the Administrative License Revocation (ALR) hearing process in Callahan County. Understanding these procedures is crucial to protecting your driving privileges.

It's important to understand that a DUI arrest triggers two separate legal processes:

• Criminal Case: This deals with the DUI charge itself in criminal court.
• Administrative Case: This deals solely with your driver's license and is handled by the Texas Department of Public Safety (DPS) through the ALR hearing process.

This guide focuses on the administrative case and your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Callahan, you have a very limited time to request an ALR hearing. You MUST request a hearing within 15 days of your arrest. This is a non-negotiable deadline.

Where to Request:

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

How to Request:

You can request a hearing in one of the following ways:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). This is often the fastest and most efficient method.
• Mail: Send a written request to the address specified on the temporary driving permit you received after your arrest. Make sure to send it certified mail with return receipt requested, so you have proof of timely submission.
• Phone: While not the preferred method, you may be able to request a hearing by calling the Texas DPS. However, it's highly recommended to use the online or mail options for documentation purposes. Get the phone number from your temporary permit.

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. There are very few exceptions to this rule, so don't delay! Missing this deadline can have significant consequences on your ability to get to work, school, and other essential activities.

Automatic License Suspension

Even if you request an ALR hearing, your license might still be automatically suspended pending the outcome of that hearing. The reasons for automatic suspension depend on whether you took a breath or blood test and the results of that test (if applicable).

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically .
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until your ALR hearing or until the suspension period begins (if you don't request a hearing or if the suspension is upheld at the hearing).

If You Refused Testing

Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you've implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI.

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty than failing the test. The suspension period for refusing a test is typically , which is longer than the suspension for failing the test.
• Implied Consent Law in Texas: Understand that refusing a test doesn't prevent you from being charged with DUI. The police can still use other evidence (field sobriety tests, observations of your driving, etc.) to build a case against you.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: This is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is justified. This is a lower standard than "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Gather any evidence that supports your case, such as:
• Witness statements who can attest to your sobriety.
• Video footage (if available) that contradicts the police report.
• Medical records that might explain a high BAC reading (if applicable).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can cross-examine witnesses, and present your case effectively. They can also help you negotiate with the DPS.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police had probable cause to stop you.
• Whether the breath or blood test was administered correctly.
• Whether you were properly informed of your rights.
• Whether you actually refused the test (if that's the issue).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, the suspension will be lifted, and you can continue driving.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you might be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

A hardship license (also known as an occupational license) allows you to drive for essential purposes, such as getting to work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: You must meet certain criteria to be eligible for a hardship license, including:
• Having no other valid driver's license.
• Demonstrating a need to drive for essential purposes.
• Not having any other disqualifying convictions (e.g., intoxication manslaughter).
• What You Can Drive For: A hardship license typically restricts you to driving only for:
• Work
• School
• Essential family needs
• Medical appointments
• Costs and Application Process: The application process involves filing a petition with the court and paying a fee. You'll need to provide documentation to support your need to drive.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over (whether after the criminal case concludes or after serving the administrative suspension), you'll need to take steps to reinstate your license.

After Criminal Case Concludes

The outcome of your criminal DUI case can impact your license reinstatement.

• Reinstatement Requirements: To reinstate your license, you'll typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Show proof of completion of any required alcohol education programs or community service.
• Provide proof of SR-22 insurance (see below).
• Fees: The reinstatement fee varies and is subject to change. Contact the Texas DPS for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your DUI conviction. This indicates to the state that you carry the minimum required liability insurance.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete an alcohol education program or other court-ordered classes.

Callahan DMV Offices

Since Callahan has no population, the nearest DPS office will likely be in a neighboring town. Check the Texas DPS website for the most up-to-date information on locations and hours. Common search terms: "Texas DPS Office Near Callahan TX".

Special Programs

• Ignition Interlock Device (IID) Program: Texas has an IID program that allows some drivers to regain their driving privileges sooner by installing an IID in their vehicle. The device prevents the vehicle from starting if the driver's BAC is above a certain level.
• Occupational License: As mentioned above, an occupational license (hardship license) allows you to drive for essential purposes during a license suspension.
• Any State-Specific Programs: [Research and insert any other relevant Texas-specific programs related to DUI and license suspension].

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Callahan, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to discuss your specific situation and protect your rights. Time is of the essence!