Dawson County License Hearing Guide

Dawson DUI License Suspension & ALR Hearing

After a DUI arrest in Dawson, Texas, you're facing two separate but equally serious legal battles: a criminal case and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically how to navigate the license suspension process and the importance of the Administrative License Revocation (ALR) hearing. Understanding this process is crucial because failing to act quickly can result in the automatic suspension of your driving privileges.

Your License After a DUI Arrest in Dawson

Many people mistakenly believe that a DUI arrest only involves the criminal court system. However, the Texas Department of Public Safety (DPS) also has the authority to suspend your driver's license independently of the criminal charges. This is an administrative process, meaning DPS can suspend your license even if you're ultimately found not guilty in criminal court.

This administrative process is triggered by your DUI arrest and involves what’s called an Administrative License Revocation, or ALR. The goal of the ALR process is to determine whether your driver's license should be suspended due to the circumstances surrounding your arrest. This is separate from any criminal penalties you may face.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing to understand: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is strictly enforced. Missing it will result in the automatic suspension of your driver's license. No exceptions are generally made.

Where to Request: The hearing is requested through the Texas Department of Public Safety (DPS).

How to Request: You have several options for requesting the hearing:

• Online: The DPS website (Search for "Texas DPS ALR Hearing Request") is usually the fastest and most reliable method. Follow the online instructions carefully.
• Mail: You can mail a written request to the DPS office responsible for ALR hearings. The address is usually found on the temporary driving permit you received at the time of your arrest. Important: Ensure your request is postmarked within the 15-day deadline. Certified mail with return receipt is highly recommended.
• Phone: While the DPS might have a phone number for inquiries, it's generally not recommended to request the hearing solely by phone. There's no documentation to prove you made the request on time. Use the online or mail options for a verifiable record.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will automatically be suspended. You will receive a notice from DPS confirming the suspension and its duration. At that point, your options for avoiding the suspension are severely limited.

Automatic License Suspension

Even if you request an ALR hearing, your license will still be subject to automatic suspension pending the outcome of the hearing. The length of this suspension depends on whether you took a breath or blood test and, if so, what the results were.

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. In Texas, the suspension period for a first offense with a failed test is typically 90 days.

• Temporary Permit: The temporary driving permit you received at the time of your arrest is usually valid for 40 days. This allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, a first-time refusal typically results in a license suspension of 180 days.

• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This law states that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take the test can lead to the suspension described above, regardless of whether you are convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a critical step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is a separate administrative process from your criminal DUI case. The outcome of the ALR hearing does not directly affect 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 DPS has sufficient evidence to suspend your license. This evidence typically includes the police officer's report, breath or blood test results (if any), and any other relevant documentation.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. DPS only needs to show a "preponderance of the evidence" that you were driving while intoxicated. This means it's more likely than not that you were intoxicated. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., dashcam or bodycam footage), or any documentation that contradicts the police officer's report.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in preparing for and representing you at the ALR hearing. An attorney understands the law, the procedures, and can effectively cross-examine witnesses and present your case in the best possible light. They can also subpoena witnesses and documents on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were actually intoxicated.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that DPS has presented sufficient evidence, your license suspension will be upheld. You will receive a notice from DPS indicating the start date and duration of the suspension.
• Suspension Overturned: If the hearing officer finds that DPS has not presented sufficient evidence, 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. This allows you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even with a suspended license, you may be able to obtain a hardship license, officially called an Occupational License, in Texas. This allows you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:
• Having your license suspended for a reason other than medical or mental incapacity.
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• Providing proof of financial responsibility (SR-22 insurance).
• What You Can Drive For: An occupational license typically allows you to drive only for specific purposes, such as:
• Traveling to and from work.
• Traveling to and from school.
• Traveling for essential medical appointments.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court in the county where you reside or where the offense occurred. You will need to pay court fees and provide supporting documentation.
• IID Requirement: Depending on the circumstances of your DUI, 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

Once your suspension period is over and you've completed all necessary requirements, you can reinstate your driver's license.

After Criminal Case Concludes

Whether or not you are found guilty of DUI in the criminal case, you will still have to take steps to reinstate your license once the suspension period is over.

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to DPS.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required alcohol education programs or community service.
• Fees: The reinstatement fee varies but is usually around $125.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with DPS by your insurance company.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case, you may be required to complete an alcohol education program or attend a victim impact panel.

Dawson DMV Offices

Unfortunately, Dawson County itself has no incorporated cities and a very small population. The closest DPS offices are likely located in surrounding counties. Check the Texas DPS website for the most up-to-date locations and hours. Search "Texas DPS Office Locations".

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals convicted of DUI to continue driving with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As discussed above, this allows restricted driving privileges during a suspension.

This information is for general guidance only and should not be considered legal advice. If you have been arrested for DUI in Dawson, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Missing the 15-day deadline to request an ALR hearing can have significant consequences. Don't delay – take action now!