Duval County License Hearing Guide

Duval DUI License Suspension & ALR Hearing: Save Your Driving Privileges!

A DUI arrest in Duval County, Texas can trigger two separate legal processes: a criminal case in court and an administrative license suspension handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative side – specifically, the potential suspension of your driver's license and how to fight it through an Administrative License Revocation (ALR) hearing. Time is of the essence! Your ability to drive is on the line, and understanding this process is crucial.

Your License After a DUI Arrest in Duval

It's important to understand the distinction between the criminal DUI case and the administrative process concerning your driver's license. The criminal case deals with the charges against you in court. The administrative process, on the other hand, is a separate procedure initiated by the DPS that can result in the suspension of your driver's license. Even if you are ultimately found not guilty in your criminal case, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 days from the date of your DUI arrest to request an ALR hearing. This is a hard deadline! Missing it means your license will automatically be suspended. This hearing gives you a chance to challenge the suspension.

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

How to Request:

• Online: The fastest and recommended method is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" section.
• Phone: You can call the DPS to request a hearing. Be prepared to provide your driver's license information and details about your arrest. The number is typically listed on the temporary driving permit given to you at the time of your arrest.
• Mail: While slower, you can also mail a written request for a hearing to the DPS. Make sure to include your name, date of birth, driver's license number, the date and location of your arrest, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to have proof of delivery.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. The length of the suspension depends on whether you took the breath/blood test and failed, or if you refused to take it.

Automatic License Suspension

The reason for the ALR hearing is to determine if your license should be suspended. The basis for suspension depends on whether or not you submitted to a breath or blood test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test showed a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically 90 days. However, this can vary based on specific circumstances.
• Temporary Permit: The temporary permit you received at the time of your arrest is valid until your ALR hearing or until the suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty in Texas. Your license will be suspended for 180 days for a first refusal.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your implied consent to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to the test can result in the license suspension, even if you are later acquitted of the DUI charge.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, completely separate from your criminal DUI case. Its sole purpose is to determine whether the DPS had sufficient grounds to suspend your driver's license.

• Separate from Criminal Court: The outcome of your ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review evidence and testimony to determine if the DPS had probable cause to believe you were driving under the influence.
• Lower Burden of Proof than Criminal Trial: 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 a criminal trial.

How to Prepare

Proper preparation is key to increasing your chances of successfully challenging the license suspension.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage from the scene, or any other documentation that casts doubt on the validity of the DUI stop or test results.
• Consider Hiring a DUI Attorney: A DUI attorney specializing in ALR hearings can be invaluable. They understand the law, the procedures, and the strategies needed to effectively challenge the suspension. They can also represent you at the hearing, ensuring your rights are protected. While Duval County may not have a high population, finding an attorney familiar with the area can prove beneficial.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to believe you were driving under the influence.
• Whether you were properly informed of your rights regarding breath/blood testing.
• Whether the breath/blood test was administered correctly and the results are accurate.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient grounds, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from work, school, or medical appointments) even during the suspension period.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a hardship license, in Texas. This allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible, you must demonstrate that the suspension is causing you undue hardship and that you need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: As stated above, the ODL will specify the allowed purposes for driving.
• Costs and Application Process: You must petition the court in the county where you live or where the offense occurred. There are court filing fees associated with this. You'll need to provide proof of insurance and may be required to attend a hearing.
• 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 ODL.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DPS. The amount varies, so check the DPS website for current fees.
• Fees: As mentioned above, a reinstatement fee is required.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the outcome of your criminal case, you may be required to complete a DUI education program or other court-ordered classes.

Duval DMV Offices

Unfortunately, due to the extremely low population of Duval County, there is likely not a dedicated DPS office located within the county itself. Residents will need to travel to a nearby county to access DPS services. Check the Texas DPS website for the nearest locations and hours of operation. Consider calling ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has a mandatory IID program for repeat DUI offenders and for some first-time offenders, especially those with high BAC levels.
• Occupational License: As discussed above, this allows driving for essential purposes during a suspension.

This guide provides a general overview of DUI license suspensions and ALR hearings in Duval County, Texas. It is not a substitute for legal advice. Contact a qualified DUI attorney as soon as possible to discuss your specific case and protect your rights.