Edwards County License Hearing Guide

Edwards DUI License Suspension & ALR Hearing

Being arrested for a DUI in Edwards, Texas can be a frightening experience. Besides 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 legal processes: the criminal case and the Administrative License Revocation (ALR) process. This guide focuses on the ALR process and how to fight for your driving privileges in Edwards County. The ALR process is handled administratively, separate from your criminal court case, and can result in your license being suspended even if you are later found not guilty in court. Don't panic. This guide will walk you through the steps you need to take immediately to protect your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a hard deadline. If you miss it, your license will automatically be suspended.

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

How to Request: You can request an ALR hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website and navigate to the driver license services section. Look for information regarding ALR hearings and the online request form. (Note: We will update this with a direct link once courthouse data is available).
• Phone: Call the Texas DPS Driver License Division. The general number is (512) 424-2600. Be prepared to provide your driver's license number, date of birth, and details about your DUI arrest.
• Mail: Send a written request for an ALR hearing to the Texas Department of Public Safety. The address is:

Texas Department of Public Safety ALR Hearing Request P.O. Box 15999 Austin, TX 78761-5999

Important: Include your full name, driver's license number, date of birth, mailing address, the date of your arrest, and the county where you were arrested (Edwards). It's best to send your request via certified mail with return receipt requested to ensure proof of delivery. Keep a copy of your request for your records.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended, and you will lose the opportunity to challenge the suspension administratively. This makes it absolutely vital to act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the hearing outcome. The length and terms of this suspension depend on whether you took a breath or blood test and what the results were, 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 for 90 days for a first offense.
• Temporary Permit: The officer should have provided you with a temporary driving permit. This permit is usually valid for 40 days from the date of your arrest, or until the date your suspension begins if no hearing is requested.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. For a first-time refusal, your license will be suspended for 180 days.
• Implied Consent Law in Texas: Texas, like all 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 requested by a law enforcement officer. Refusal to comply with this request can result in the automatic license suspension described above, regardless of your actual BAC.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to fight the suspension of your driver's license. It's a crucial part of the DUI process.

What It Is

• Separate from Criminal Court: Remember, this is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which means it's more likely than not that the facts support the suspension. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements: If anyone was with you that night, get their account of what happened.
• Video footage: Check for any surveillance cameras that might have captured your driving or interactions with the police.
• Medical records: If you have any medical conditions that could have affected your performance on the field sobriety tests, gather those records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Edwards County can be invaluable. They understand the ALR process, can gather and present evidence effectively, and can argue your case before the administrative law judge. They can also challenge the legality of the stop and the admissibility of any evidence against you.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly advised of your rights regarding breath or blood testing.
• Whether the breath or blood test was administered correctly.
• Whether the BAC result was accurate.

Possible Outcomes

• Suspension Upheld: If the administrative law judge finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the administrative law judge finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

A hardship or restricted license, also known as an Occupational Driver's License (ODL) in Texas, allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL typically restricts you to driving only for the purposes listed above. There may also be restrictions on the times and locations where you can drive.
• Costs and Application Process: You must petition the court in the county where you reside or where the offense occurred (Edwards County) for an ODL. This involves filing a lawsuit and paying court costs.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior driving record, 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

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and your criminal case is resolved, you will need to meet the following requirements to reinstate your license:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance.
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Texas for drivers who have been convicted of certain offenses, including DUI. You will need to maintain SR-22 insurance for a period of three years.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or community service as part of your criminal sentence. You will need to provide proof of completion to the DPS before your license can be reinstated.

Edwards DMV/DPS Offices

Unfortunately, Edwards County has no DMV/DPS office directly within its borders due to its very small population. The closest DPS offices are likely in neighboring counties. You will need to travel to one of these locations to handle certain license-related matters. We recommend calling ahead to confirm hours and services offered.

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Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of obtaining an Occupational Driver's License or as part of your criminal sentence. The IID requires you to blow into a device before starting your vehicle to ensure you are not intoxicated.
• Occupational License: Discussed above as a hardship/restricted license.
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This guide provides general information about DUI license suspensions and ALR hearings in Edwards, Texas. It is not a substitute for legal advice. If you have been arrested for DUI in Edwards County, it is crucial to contact an experienced DUI attorney as soon as possible to protect your rights and your driving privileges. The 15-day deadline to request an ALR hearing is critical, so don't delay!