Coryell County License Hearing Guide

Coryell DUI License Suspension & ALR Hearing

You’ve just been arrested for Driving Under the Influence (DUI) in Coryell County, Texas. It’s a stressful and confusing time, and you’re likely worried about what happens next. One of your immediate concerns should be protecting your driving privileges. This guide explains the process of license suspension after a DUI arrest in Coryell County, focusing on the critical Administrative License Revocation (ALR) hearing and how to navigate it. It's crucial to understand that there are two separate legal processes you'll face: a criminal case dealing with the DUI charges themselves, and an administrative case dealing with your driver's license. This guide focuses specifically on the administrative process.

Your License After a DUI Arrest in Coryell

After a DUI arrest in Coryell County, the Texas Department of Public Safety (DPS) can attempt to suspend your driver's license. This is a separate action from the criminal charges you face. The DPS can suspend your license based on either failing a breath or blood test (having a Blood Alcohol Content (BAC) of 0.08 or higher) or refusing to take a test. It’s vital to act quickly to protect your driving privileges. The administrative process has its own deadlines and procedures, distinct from the criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is not 15 business days; it's 15 calendar days. Missing this deadline will result in an automatic suspension of your driver's license. This is a non-negotiable deadline, so act immediately.

• Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

• How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request"). Look for the online submission portal. This is often the quickest and most reliable method.

• Phone: Call the Texas DPS at the relevant number for ALR hearings. You can find this number on the DPS website. Be prepared to provide your driver's license number and other identifying information. Note: Phone lines can be busy, so persist.

• Mail: Send a written request for an ALR hearing to the address specified on the DIC-24 form (Notice of Suspension) you received at the time of your arrest. If you don't have the DIC-24 form, contact the DPS to obtain the proper address. Important: Send the request via certified mail with return receipt requested. This provides proof that the DPS received your request within the 15-day deadline.

• What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. The length of the suspension depends on whether you failed or refused the breath/blood test. This automatic suspension will begin 40 days after your arrest.

Automatic License Suspension

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your BAC was 0.08 or higher, the DPS will likely suspend your license.

• BAC over 0.08: The suspension period for a first offense is typically 90 days.

• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or the suspension begins (40 days after your arrest if you don't request a hearing).

If You Refused Testing

Refusing to submit to a breath or blood test carries a much harsher penalty.

• Refusal Penalty: In Texas, refusing to take a breath or blood test can result in a license suspension of 180 days for a first offense.

• Implied Consent Law in Texas: Texas operates under 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 arrested for DUI. Refusal to do so can result in administrative penalties, even if you are not ultimately convicted of the DUI charge in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding that determines whether the DPS has sufficient evidence to suspend your driver's license. It's not a criminal trial.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will determine if the DPS had probable cause to arrest you for DUI and if your BAC was over the legal limit (or if you refused to take a test).
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is "preponderance of the evidence," which is lower than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (e.g., from passengers)
• Video footage (e.g., dashcam footage)
• Medical records
• Any information that contradicts the police report
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Coryell County ALR hearings can be invaluable. They understand the law, the procedures, and how to effectively present your case. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• Lack of probable cause for the initial traffic stop
• Improper administration of the breath or blood test
• Errors in the police report
• Challenges to the accuracy of the breathalyzer machine

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended for the applicable period (90 days for failing a test, 180 days for refusing).
• Suspension Overturned: If the hearing officer finds insufficient evidence, the 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.

Hardship/Restricted License in Texas

A hardship or restricted license (often called an Occupational Driver's License or ODL) allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate that you need to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: The ODL will specify the times and locations you are permitted to drive. Typically, it allows driving to and from work, school, medical appointments, and essential household errands.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, providing evidence of your need to drive, and paying court fees. You will likely need to obtain an SR-22 insurance policy.
• IID Requirement: Depending on the circumstances of your DUI arrest, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

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

After Criminal Case Concludes

Whether you are convicted of DUI or not, you will still need to address the administrative suspension separately.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of SR-22 insurance coverage.
• Complete any required alcohol education programs or community service.
• Fees: Reinstatement fees vary, so check the DPS website for current rates.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance. You will likely need to maintain SR-22 insurance for a period of several years after your DUI.
• Classes/Programs that Must Be Completed: The court or the DPS may require you to complete a DUI education program or community service as a condition of reinstating your license.

Coryell DMV Offices

Unfortunately, Coryell County does not have a dedicated DPS office. You will need to travel to neighboring counties for DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest locations and hours of operation. You can also often handle license reinstatement and other administrative tasks online.

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Important: Check the DPS website or call ahead to confirm hours and services offered, as they can change.

Special Programs

• Ignition Interlock Device Program: As mentioned, an IID may be required as a condition of obtaining an ODL or as part of your criminal sentence.
• Occupational License: The Occupational Driver's License (ODL) is the restricted license described above.
• Texas Department of Transportation Programs: Check the TXDOT website for any state-specific programs related to driver safety and DUI prevention.

This guide provides general information about DUI license suspensions and ALR hearings in Coryell County, Texas. It is not a substitute for legal advice. Given the time-sensitive nature of these matters, it is highly recommended that you consult with a qualified DUI attorney in Coryell County as soon as possible to protect your rights and driving privileges.