Carson County License Hearing Guide

Carson DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI in Carson, Texas, is a stressful experience. Beyond the criminal charges, you face a separate administrative process that can result in the suspension of your driver's license. It's crucial to understand this process and act quickly to protect your driving privileges. This guide will walk you through the steps, deadlines, and options available to you. Remember, time is of the essence!

Understanding the Two Separate Processes: After a DUI arrest, you're facing two distinct legal battles:

• Criminal Court: This deals with the criminal charges against you (e.g., Driving While Intoxicated).
• Administrative License Revocation (ALR) Hearing: This is a civil process handled by the Texas Department of Public Safety (DPS) that determines whether your driver's license will be suspended.

This guide focuses on the ALR process and how to navigate the license suspension aspect of your DUI arrest in Carson.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

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

How to Request: You have a few options:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). This is often the quickest and most efficient method.
• Mail: Send a written request to the address provided on the Notice of Suspension you received at the time of your arrest. Important: Send it via certified mail with return receipt requested to ensure proof of timely submission.
• Phone: While not always recommended as it's harder to document, you may be able to request a hearing by calling the Texas DPS. Check the Notice of Suspension for a specific phone number.

What Happens If You Miss The Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. No exceptions are typically made, so don't delay!

Automatic License Suspension

Even if you request a hearing, understand that your license will be automatically suspended under certain circumstances, pending the outcome of the ALR hearing.

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 length of the suspension depends on your driving history. Generally, it's a suspension period of 90 days to 1 year for a first offense.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is valid until either the date of your ALR hearing or the date your suspension begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in Texas. Your license will be suspended for a longer period, generally 180 days to 2 years for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you've given your implied consent to submit to breath or blood testing if lawfully arrested for DUI. Refusal can lead to administrative penalties, regardless of whether you're ultimately convicted of the DUI charge.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. Key things to remember:

• Separate from Criminal Court: This hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice-versa.
• Decides License Suspension: The sole purpose of the ALR hearing is to determine whether the suspension of your driver's license is warranted.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified.

How to Prepare

Preparation is key to a successful ALR hearing. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (if available), or any documentation that contradicts the police report.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of a favorable outcome. They understand the law, the procedures, and how to effectively present your case.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• The accuracy of the breath or blood test results (if you took one).
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The hearing officer agrees with the DPS and your license suspension remains in effect.
• Suspension Overturned: The hearing officer rules in your favor and your license suspension is lifted. You retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Texas

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

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL typically restricts you to driving only for the purposes listed above. There may be limitations on the hours you can drive and the areas where you can drive.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court and paying associated fees. You'll need to provide documentation to support your need for a license.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL, especially if your BAC was high or if you have prior DUI convictions.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You'll need to pay a reinstatement fee to the Texas DPS. The amount varies, so check with the DPS for the current fee.
• Fees: As mentioned above, a reinstatement fee is mandatory.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a specified period, typically 2-3 years.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete a DUI education program or community service.

Carson DMV Offices

Unfortunately, Carson, TX, is a small unincorporated community with no local DMV. You will likely need to travel to a neighboring town or city to access DPS services. Please consult the Texas Department of Public Safety website (www.dps.texas.gov) for the nearest locations and hours of operation. You can search by zip code for the closest office.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required for an ODL or as a condition of probation in your criminal case. This device prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: Explained above in the "Hardship/Restricted License" section.

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you've been arrested for DUI in Carson, Texas, it's highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence!