Concho County License Hearing Guide

Concho County DUI License Suspension & ALR Hearing

After a DUI arrest in Concho County, your driver's license is immediately at risk. It's crucial to understand that two separate legal processes are now underway: a criminal case addressing the DUI charge itself, and an administrative process handled by the Texas Department of Public Safety (DPS) that determines your driving privileges. This guide focuses on the administrative side, specifically the process to suspend your license and how to fight it through an Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing to challenge the potential suspension of your driver's license. This deadline is strictly enforced. Missing it results in an automatic license suspension.

Where to Request: You must request the hearing from the Texas DPS.

How to Request: You can request the hearing online, by phone, or by mail. Digitizing the process is crucial.

• Online: The fastest method is through the DPS Driver Responsibility Program.
• Phone: Contact the DPS at the San Angelo DPS Mega Center at (325) 659-6200.
• Mail: Send your request to the address provided by the DPS on your temporary driving permit.

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

Automatic License Suspension

Texas law mandates automatic license suspensions in DUI cases, the length of which depends on whether you took a breath or blood test and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies depending on your driving record.

• First Offense: A first-time offense typically results in a suspension.
• Temporary Permit: Following your arrest, you should have received a temporary driving permit. This permit is valid until the outcome of your ALR hearing or the start date of your suspension, whichever comes first.

If You Refused Testing

Refusing to provide a breath or blood sample carries a longer license suspension under Texas's implied consent laws.

• First Offense Refusal: A first-time refusal typically results in a suspension.
• Implied Consent: Under TX law, by driving on Texas roads, you have implicitly consented to provide a breath or blood sample if lawfully arrested for DUI. Refusal to do so carries administrative penalties, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is a civil matter, completely separate from the criminal proceedings for your DUI charge. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The DPS only needs to prove their 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

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, dashcam footage, or any other information that challenges the basis for the traffic stop or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Concho County can navigate the ALR hearing process, present your case effectively, and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge the legality of the initial traffic stop, whether there was probable cause for the arrest, the accuracy of the breath/blood testing equipment, and whether proper procedures were followed during the arrest.

GOLD DUST: Remember, in larger cities, officers sometimes fail to appear at ALR hearings, leading to automatic wins for the defense. However, in rural areas like Concho County, where DPS troopers are often the arresting officers, they are professionally mandated to attend these hearings. Do not bank on a "no-show" win. You need a valid legal argument (e.g., lack of probable cause for the stop).

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's evidence, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or occupational license.

Hardship/Restricted License in Texas

A hardship or restricted license, also known as an Occupational Driver's License (ODL), allows you to drive for essential purposes during your suspension.

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential household duties.
• What You Can Drive For: An ODL typically allows you to drive to and from work, school, medical appointments, and essential errands.
• Costs and Application Process: To obtain an ODL, you must file a petition with the court.
• IID Requirement: Depending on the circumstances of your case, the court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of the ODL.

Getting Your License Back

After your criminal case concludes and your suspension period ends, you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DPS.
• Fees: The reinstatement fee varies.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a specified period. This certificate is filed by your insurance company with the DPS.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI education program or other court-ordered classes. The nearest in-person classes are at ADACCV (Alcohol & Drug Abuse Council for the Concho Valley) in San Angelo, located at 3553 Houston Harte. Verify with Concho Valley CSCD (Probation) if they accept online certificates.

Concho County DMV Offices

The closest DPS office is the San Angelo DPS Mega Center.

• San Angelo DPS Mega Center: 1600 W Loop 306, San Angelo, TX 76904. Phone: (325) 659-6200.

Special Programs

• Ignition Interlock Device Program: Texas law requires IIDs for many DUI offenders, especially repeat offenders or those with high BAC levels. IMPORTANT: There are no IID installers in Eden or Paint Rock. You must drive to San Angelo or Brady.
• Occupational License: As described above, an ODL allows you to drive for essential purposes during your suspension.

Frequently Asked Questions

Q: If I refused a breath test, will the DPS automatically suspend my license? A: Yes, refusal to provide a breath or blood sample will trigger an administrative license suspension, separate from any criminal charges. You still have the right to request an ALR hearing to challenge the suspension.

Q: Will DPS troopers show up at the ALR hearing in Concho County? A: Yes, DPS troopers are professionally mandated to attend these hearings. Do not bank on a "no-show" win.

Q: Where can I take DWI education classes if I'm required to do so? A: The nearest in-person classes are at ADACCV (Alcohol & Drug Abuse Council for the Concho Valley) in San Angelo.