Castro County License Hearing Guide

Castro DUI License Suspension & ALR Hearing

Your life just took an unexpected turn. Being arrested for a DUI in Castro, Texas, is a serious situation, and navigating the legal process can feel overwhelming. One of the first things you need to address is your driver's license. This guide will walk you through the license suspension process, focusing on the crucial Administrative License Revocation (ALR) hearing, and provide the information you need to protect your driving privileges.

It's important to understand that there are two separate legal processes happening: the criminal case dealing with the DUI charges themselves, and the administrative process concerning your driver's license. This guide focuses specifically on the administrative process and the ALR hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the automatic suspension of your driver's license. Missing this deadline means your license will automatically be suspended.

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 (www.dps.texas.gov) and navigate to the Driver License section. Look for information regarding ALR hearings and online request options.
• Phone: Call the Texas DPS Driver License Division at a dedicated number. This number is available on the DPS website. Make sure you have your driver's license number and arrest information ready.
• Mail: Send a written request to the Texas DPS address designated for ALR hearing requests. This address can be found on the DPS website and on the paperwork you received at the time of your arrest. Your written request must include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The county where you were arrested (Castro County)
• A clear statement that you are requesting an ALR hearing

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will automatically be suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license is subject to an automatic suspension pending the outcome of the hearing. The length of this suspension depends on whether you took a breath or blood test and, if so, what the results were, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The standard suspension period for a first-time offense in Texas is typically 90 days to 1 year. The exact length will depend on the specifics of your case.

You likely received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the date the suspension is scheduled to begin if you didn't request a hearing.

If You Refused Testing

Texas 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 police officer who suspects you of driving under the influence. Refusing to take a breath or blood test carries a harsher penalty than failing the test.

If you refused to take a breath or blood test, your license will be suspended for a longer period, typically 180 days to 2 years for a first refusal.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the Texas DPS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case. You can lose your ALR hearing and still be found not guilty in criminal court, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented by the DPS and by you (or your attorney) to determine if the suspension is justified.
• 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 for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is crucial. A successful challenge can save you months of license suspension.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or other individuals who can testify to your sobriety.
• Video footage (e.g., dashcam footage) that might contradict the police officer's account.
• Medical records that might explain elevated BAC levels due to a medical condition.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal procedures, can effectively cross-examine witnesses, and can present a compelling case on your behalf. This is especially important since Castro, TX is a Tier 3 county and access to legal resources might be limited. A local attorney familiar with the specific procedures in Castro County is highly recommended.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the police officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights and the consequences of refusing to take a test.

Possible Outcomes

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

• Suspension Upheld: The hearing officer agrees with the DPS and upholds the suspension of your driver's license.
• Suspension Overturned: The hearing officer finds that the DPS did not present sufficient evidence to justify the suspension, and your license is reinstated.
• Restricted/Hardship License Granted: In some circumstances, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes, such as work, school, or medical appointments (more on this below).

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an occupational license, also known as a hardship license.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:
• Driving to and from work.
• Driving to and from school or job training.
• Driving for essential household duties.
• Driving for medical appointments.
• What You Can Drive For: An occupational license will specify the times and locations you are permitted to drive.
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are associated court fees. Consult with a local attorney to navigate this process.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

• Reinstatement Requirements: To reinstate your license after a suspension, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required alcohol education or treatment 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 proves you have the minimum required auto insurance coverage. You will likely need to maintain SR-22 insurance for a period of several years.
• Classes/Programs that must be completed: The court may order you to complete a DUI education program or alcohol treatment program as a condition of probation.

Castro DMV Offices

While there may not be a dedicated DMV office directly in Castro, Texas due to its small population, you will likely need to travel to a nearby city or county to handle driver's license matters. Check the Texas DPS website (www.dps.texas.gov) for the nearest Driver License office locations and hours of operation. You can also often handle many transactions online.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may order you to install an IID in your vehicle as a condition of probation or to obtain an occupational license. The IID requires you to blow into a device before starting your car. If the device detects alcohol, the car will not start.
• Occupational License: Covered above.

Being arrested for DUI in Castro, Texas, can be a difficult and confusing experience. By understanding the license suspension process and taking swift action to protect your driving privileges, you can navigate this challenging time and work toward regaining your license and your future. Remember to act within the 15-day deadline to request your ALR hearing, and consider consulting with a qualified DUI attorney to help you through the process.