Comanche County License Hearing Guide

Comanche DUI License Suspension & ALR Hearing: Act Fast to Save Your Driving Privileges

A DUI arrest in Comanche, Texas can turn your life upside down. Not only do you face potential criminal charges, but your driver's license is also at risk. Understanding the administrative process concerning your license is crucial, and acting quickly is paramount. This guide provides immediate, practical information about your license suspension and the Administrative License Revocation (ALR) hearing in Comanche County. It's important to understand that the ALR process is separate from your criminal case. Even if you're found not guilty in criminal court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Your 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 arrest to request an ALR hearing. Missing this deadline means your license will be automatically suspended. Don't delay!

Where to Request: The request must be made to the Texas Department of Public Safety (DPS).

How to Request: You can request an ALR hearing through the following methods:

• Online: Visit the Texas DPS website (look for the "ALR Hearing Request" section). This is often the fastest and most convenient method.
• Phone: Call the Texas DPS Driver License Division. You can find the phone number on the DPS website. Be prepared to provide your driver's license number and information about your arrest.
• Mail: Send a written request to the address provided on the temporary driving permit you received at the time of your arrest, or check the Texas DPS website for the correct mailing address for ALR hearing requests. Your 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. Certified mail with return receipt requested is highly recommended to prove your request was received on time.

What Happens If You Miss the Deadline? If you fail to request an ALR hearing within 15 days of your arrest, your Texas driver's license will be automatically suspended. The length of the suspension depends on whether you failed or refused a breath or blood test. This suspension will go into effect regardless of the outcome of your criminal case.

Automatic License Suspension

A DUI arrest in Texas automatically triggers a potential license suspension, even before your criminal case is resolved. This administrative suspension is separate from any penalties you might face in criminal court.

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 for 90 days on a first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until the date of your ALR hearing, or until the 40th day following your arrest if you didn't request a hearing. After that, the suspension goes into effect.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in Texas. If you refused testing, your license will be suspended for 180 days on a first offense.
• Implied Consent Law in Texas: When you drive in Texas, you implicitly consent to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this implied consent can result in the longer license suspension mentioned above, regardless of any other evidence.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a formal legal proceeding, though less strict than a criminal trial.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is entirely separate from the criminal DUI case. The outcome of one does not automatically determine the outcome of the other.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient probable cause for the officer to arrest you and whether your BAC was over the legal limit (or if you refused testing).
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their 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 the "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other information that challenges the officer's actions or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A qualified DUI attorney can represent you at the hearing, present evidence, cross-examine witnesses, and argue on your behalf. Having legal representation significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing procedure, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights regarding implied consent.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the suspension, your license will be reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes. (See below).

Hardship/Restricted License in Texas

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

• Eligibility Requirements: You must demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Essential family needs
• Medical appointments
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to the reasons you need to drive.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, providing supporting documentation, and paying court fees. You will need to obtain a court order granting the ODL.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: You'll need to pay a reinstatement fee to the Texas DPS. The amount of the fee varies.
• Fees: Check the Texas DPS website for the current reinstatement 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 (usually two years). This proves to the state that you have adequate insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the specifics of your DUI conviction, you may be required to complete a DWI education program or other court-ordered classes.

Comanche DMV/DPS Offices

While Comanche is a smaller county, you may need to travel to a nearby DPS office for certain services. Check the Texas DPS website for the most up-to-date information on office locations and hours, as these can change. Common nearby locations include:

(Since no specific Comanche DMV/DPS information is available, provide general guidance)

• Check the Texas DPS Website: The Texas Department of Public Safety website (https://www.dps.texas.gov/) has a search function to locate the nearest driver license office.
• Nearby County DPS Offices: Look for DPS offices in neighboring counties like Brown, Erath, or Mills. Contact them directly to confirm their services and hours.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for an ODL or as a condition of probation after a DUI conviction. The IID requires you to blow into a device before starting your vehicle, and it prevents the vehicle from starting if alcohol is detected.
• Occupational License: We discussed this above as a hardship license.
• DWI Education Program: This program is often required as part of a DUI sentence. It provides education about the dangers of drunk driving and helps individuals understand the consequences of their actions.

A DUI arrest in Comanche County is a serious matter. Understanding your rights and responsibilities, especially concerning your driver's license, is crucial. Don't delay requesting your ALR hearing – you only have 15 days! Consider consulting with a qualified Texas DUI attorney to protect your driving privileges and navigate the complexities of the legal process.