Coleman County License Hearing Guide

Coleman DUI License Suspension & ALR Hearing: Save Your Driving Privileges

Being arrested for a DUI in Coleman, Texas, can be a frightening and confusing experience. One of the most immediate concerns is often the potential loss of your driver's license. It's crucial to understand that your DUI case involves two separate processes: a criminal case in the Coleman County court system and an administrative case with the Texas Department of Public Safety (DPS) regarding your driving privileges. This guide focuses on the administrative side – specifically, the potential license suspension and the Administrative License Revocation (ALR) hearing process. Understanding this process and acting quickly is vital to protecting your ability to drive.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is arguably the most important piece of information you need right now. After a DUI arrest in Coleman, the Texas DPS will likely attempt to suspend your driver's license. You have only 15 days from the date of your arrest to request an ALR hearing to challenge this suspension. Missing this deadline means your license will automatically be suspended.

Where to Request the Hearing:

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

How to Request the Hearing:

You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and navigate to the ALR hearing request section. Look for keywords like "ALR Hearing Request" or "Driver License Suspension Hearing."
• Phone: Call the Texas DPS directly. The number to call is usually provided on the temporary driving permit you received at the time of your arrest. If you can't find it there, search the Texas DPS website for the Driver License Division contact number. Be prepared for potential wait times.
• Mail: Send a written request for an ALR hearing to the address provided on your temporary driving permit or on the Texas DPS website. Important: Use certified mail with return receipt requested to ensure you have proof that the DPS received your request within the 15-day deadline.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest in Coleman, your driver's license will be automatically suspended. The suspension period will depend on whether you took a breath or blood test and the results, or if you refused testing altogether. Don't let this happen!

Automatic License Suspension

The Texas DPS can automatically suspend your driver's license based on two main scenarios: failing a breath or blood test or refusing to take one.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, the DPS will likely suspend your license. The suspension period for a first-time DUI offense with a BAC over 0.08 is typically 90 days to 1 year.
• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is usually valid for 40 days. This allows you to drive legally until your ALR hearing (if you requested one) or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in Texas. The suspension period for a first-time DUI refusal is typically 180 days to 2 years.
• Implied Consent Law in Texas: By driving on Texas roads, you've given your implied consent to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take the test can result in the longer license suspension, even if you are later acquitted of the DUI charge in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the DPS's attempt to suspend your license. It's a crucial step in protecting your driving privileges after a DUI arrest in Coleman.

What It Is

• Separate From Criminal Court: It's vital to understand that the ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice-versa.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Start gathering any evidence that supports your case. This might include witness statements, dashcam footage (if available), or any other information that could challenge the DPS's claims.
• Consider Hiring a DUI Attorney: An experienced Coleman DUI attorney can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and present a strong defense on your behalf.
• Understand What You Can Challenge: You can challenge several 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.
• The accuracy and reliability of the breath or blood test results.

Possible 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 like work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you might be able to obtain a hardship or restricted license to allow you to drive for essential purposes. In Texas, this is often called an Occupational License.

• Eligibility Requirements: To be eligible for an occupational license, you must typically demonstrate that you need to drive to maintain employment, attend school, or receive essential medical care.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to your work, school, or medical needs.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, providing supporting documentation, and paying associated court fees. Consult with a DUI attorney to navigate this process effectively.
• 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 occupational license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to fulfill all requirements imposed by the court and the DPS, including completing any required alcohol education programs, paying fines and court costs, and serving any jail time.
• Fees: You will need to pay a reinstatement fee to the Texas DPS to get your license back.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: Completing court-ordered alcohol education programs, community service, or other requirements is essential for reinstatement.

Coleman DMV Offices

Unfortunately, information specific to DMV offices in Coleman, TX, is limited due to the town's size. The closest full-service DPS offices are likely located in larger nearby cities. You can find the most up-to-date information and locations by visiting the Texas DPS website (www.dps.texas.gov) and using their office locator tool. You may also need to check the County Clerk's office in Coleman, TX, for any specific local requirements.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, an IID may be required as a condition of obtaining an occupational license or as part of your criminal sentence. This device requires you to blow into it before starting your vehicle, and it will prevent the vehicle from starting if it detects alcohol.
• Occupational License: As discussed above, this license allows you to drive for essential purposes even while your license is suspended.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Coleman, Texas. It is not intended as legal advice. It is essential to consult with an experienced Coleman DUI attorney to discuss your specific situation and legal options. Acting quickly and seeking professional help is crucial to protecting your driving privileges and your future.