Crosby County License Hearing Guide

Crosby DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI in Crosby, Texas, can be a frightening and overwhelming experience. Beyond the criminal charges, you also face the immediate threat of losing your driver's license. It's crucial to understand that there are two separate processes at play: the criminal case in court, and the administrative license suspension handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative side, specifically the process of license suspension and the crucial ALR (Administrative License Revocation) hearing. Your ability to drive legally in Crosby depends on understanding and acting quickly.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: You only have 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension of your license.

Where to Request the Hearing:

You must request the hearing from 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 and search for "ALR Hearing Request." Follow the online instructions.
• Phone: Call the Texas DPS at the number provided on your DUI paperwork. Be prepared to provide your driver's license number and other identifying information. (Note: Due to call volume, online submission is often faster).
• Mail: Send a written request to the address provided on your DUI paperwork. Important: Send it via certified mail with return receipt requested to ensure proof of delivery. Your request should clearly state that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Crosby, Texas. Include your full name, date of birth, driver's license number, and current mailing address.

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. There are very limited exceptions to this rule, so don't delay.

Automatic License Suspension

Following a DUI arrest in Crosby, your license is subject to automatic suspension under certain circumstances. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused to take a test.

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. The length of the suspension for a first offense is typically 90 days but can extend up to 1 year. This is dependent on if your BAC was over .15.
• Temporary Permit: The officer may have issued you a temporary driving permit. This permit is usually valid until your ALR hearing date or the date the suspension begins if you don't request a hearing or if your suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. In Texas, the suspension period for refusing a test is typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you've implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to take the test can result in administrative penalties, even if you are not ultimately convicted of the DUI charge in criminal court.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to fight the suspension of your driver's license. It's separate from the criminal case and has a lower burden of proof.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding handled by the Texas DPS. The outcome of the ALR hearing does not directly impact the criminal DUI case, and vice versa. However, evidence presented at the ALR hearing can be used in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient evidence to justify your arrest and the subsequent suspension of 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," meaning it's more likely than not that the suspension is justified. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is key to a successful ALR hearing. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements (e.g., from passengers or people who saw you before the arrest)
• Video footage (e.g., dashcam footage, security camera footage)
• Medical records (if applicable, to explain medical conditions that might have affected the breath/blood test results)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can provide invaluable assistance. They understand the legal procedures, can effectively present your case, and can cross-examine witnesses. While there are no guarantees, an attorney significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath/blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly advised of your rights.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The DPS hearing officer determines that the suspension is justified. Your license will be suspended as determined by test refusal or failing the test.
• Suspension Overturned: The hearing officer determines that the DPS did not have sufficient evidence to justify the suspension. Your license will be reinstated.
• Restricted/Hardship License Granted: In some limited circumstances, the hearing officer may grant a restricted or hardship license, allowing you to drive for essential purposes (e.g., work, school, medical appointments) even during the suspension period.

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), which acts as a hardship license allowing you to drive for essential needs during a license suspension.

• Eligibility Requirements: You must meet certain criteria to be eligible for an ODL, including:
• Having no other valid driver's license.
• Having a need to drive for essential purposes (e.g., work, school, medical appointments).
• Not having certain disqualifying offenses on your driving record (e.g., intoxication manslaughter).
• What You Can Drive For: An ODL typically restricts you to driving for work, school, and essential household duties.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, paying court fees, and obtaining an SR-22 insurance policy.
• IID Requirement: Depending on the circumstances of your DUI arrest and the length of your suspension, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After your license suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance (proof of financial responsibility) for a specified period (usually two years) after your license is reinstated.
• Classes/Programs that must be completed: You may be required to complete a DUI education program or other court-ordered programs as part of your criminal sentence.

Crosby DPS Offices

Unfortunately, Crosby itself does not have a dedicated DPS office. You will need to travel to a nearby city. Here are a couple of options:

• Liberty DPS Office: , [Phone Number: Insert Phone Number], [Hours of Operation: Insert Hours of Operation].
• Baytown DPS Office: , [Phone Number: Insert Phone Number], [Hours of Operation: Insert Hours of Operation].

Important: Verify hours of operation before visiting any DPS office, as they are subject to change.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to drive with an IID installed in their vehicle. The IID prevents the vehicle from starting if it detects alcohol on the driver's breath.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during a license suspension.

This guide provides general information about DUI license suspensions and ALR hearings in Crosby, Texas. However, every case is unique, and the specific facts of your case will determine the best course of action. It is highly recommended that you consult with a qualified Texas DUI attorney as soon as possible to protect your rights and driving privileges.