DeWitt County License Hearing Guide

DeWitt DUI License Suspension & ALR Hearing

A DUI arrest in DeWitt, Texas can be a terrifying experience. Beyond the criminal charges, you're facing an administrative battle that could result in the suspension of your driver's license. It's crucial to understand the process and act fast to protect your driving privileges. This guide provides immediate, practical information about license suspension and the Administrative License Revocation (ALR) hearing in DeWitt County after a DUI arrest.

Important Disclaimer: This information is for informational purposes only and does not constitute legal advice. You should consult with a qualified DeWitt DUI attorney to discuss the specifics of your case.

Your License After a DUI Arrest in DeWitt

Following a DUI arrest in DeWitt, you are essentially facing two separate but related legal processes:

• Criminal Case: This involves the actual charges against you (Driving Under the Influence) in criminal court. Penalties here can include jail time, fines, probation, and community service.
• Administrative Case: This is handled by the Texas Department of Public Safety (DPS) and focuses solely on your driver's license. This process is triggered by your arrest and can result in license suspension, regardless of the outcome of your criminal case.

This guide focuses on the administrative process and how to fight to keep your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most critical thing you need to know is the 15-day deadline. After your DUI arrest in DeWitt, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing gives you the opportunity to challenge the suspension of your driver's license.

• Where to Request: You must request the hearing through the Texas Department of Public Safety (DPS).

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

• Online: Visit the Texas DPS website (search for "Texas DPS ALR hearing request").

• Mail: Send a written request to the address provided on the DIC-25 form (Notice of Suspension) you received at the time of your arrest. If you do not have this form, contact the Texas DPS immediately.

• Fax: Fax a written request to the fax number provided on the DIC-25 form.

Important: Keep a copy of your request and proof of submission (e.g., fax confirmation, certified mail receipt).

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your license will be automatically suspended. There is very little you can do to undo an automatic suspension once the deadline has passed. DO NOT MISS THIS DEADLINE!

Automatic License Suspension

Even if you request an ALR hearing, your license may be subject to automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The suspension period typically lasts for 90 days to 1 year for a first offense.
• Temporary Permit: The officer may have given you a temporary driving permit, which is usually valid for 40 days. This permit allows you to drive until your ALR hearing or until the suspension officially begins (if you don't request a hearing or if the suspension is upheld).

If You Refused Testing

• Refusal Penalty: If you refused to submit to a breath or blood test, the penalty is more severe. Your license will be suspended for a longer period of time, typically 180 days to 2 years for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has 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 can result in administrative penalties, even if you are not ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly affect your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI, or lose your ALR hearing and be found not guilty in criminal court.
• Decide if License Suspension is Warranted: The DPS will present evidence to show that the following conditions were met:
• The officer had reasonable suspicion to stop you.
• The officer had probable cause to believe you were driving under the influence.
• You were offered a breath or blood test (or refused it).
• If you took the test, your BAC was 0.08 or higher.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning that it is more likely than not that the facts are true. This is a lower standard than "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements that contradict the officer's observations.
• Video footage (e.g., dashcam, bodycam) that shows your driving or sobriety.
• Medical records that explain any physical impairments that may have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A qualified DeWitt DUI attorney can:
• Represent you at the ALR hearing.
• Subpoena witnesses and documents.
• Cross-examine the arresting officer.
• Present legal arguments on your behalf.
• Navigate the complex legal procedures.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the traffic stop.
• The officer's probable cause to arrest you.
• The accuracy of the breath or blood test.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the DPS's case, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license in Texas. This allows you to drive for essential purposes, such as:

• Driving to and from work.

• Driving to and from school.

• Driving for essential household duties.

• Driving for medical appointments.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:

• Having a valid driver's license at the time of the arrest (other than a learner's permit).

• Not having any other suspensions or revocations on your driving record.

• Demonstrating a need to drive for essential purposes.

• What You Can Drive For: As stated above, permissible driving activities are limited.

• Costs and Application Process: The application process involves filing a petition with the court and paying a fee. You will need to provide documentation to support your need for an occupational license.

• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license. This device requires you to blow into it before starting your car to ensure that you are not under the influence of alcohol.

Getting Your License Back

After Criminal Case Concludes

Even if you successfully navigate the ALR process, the outcome of your criminal case can also impact your driving privileges.

• Reinstatement Requirements: After your suspension period ends (whether from the ALR hearing or criminal conviction), you will need to take steps to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI education program or other court-ordered classes.

DeWitt DMV Offices

Since DeWitt County has no population, you will likely need to visit a DPS office in a neighboring county. Check the Texas DPS website (www.dps.texas.gov) for the nearest location and hours of operation. Some services may be available online.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for an occupational license or as a condition of probation in your criminal case.
• Occupational License: This has been discussed previously.
• Other State-Specific Programs: Be sure to discuss all available options with your attorney.

A DUI arrest in DeWitt, Texas is a serious matter. By understanding the license suspension process and acting quickly, you can take steps to protect your driving privileges. Contact a qualified DeWitt DUI attorney as soon as possible to discuss your case and explore your legal options. Remember the 15-day deadline to request an ALR hearing! Don't delay – your ability to drive depends on it.