El Paso County ALR Hearing Guide

El Paso County DUI License Suspension & ALR Hearing

After a Driving Under the Influence (DUI) arrest in El Paso County, you face two separate but intertwined legal battles: a criminal case in the El Paso County Courts at Law, and an administrative action against your driver's license with the Texas Department of Public Safety (DPS). This guide focuses on the latter – the administrative process that can lead to the suspension of your driving privileges. Understanding this process and acting quickly is crucial to protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in El Paso County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing with the Texas DPS. This is a hard deadline.

You can request a hearing via:

• Online: Accessible via specific DPS ALR web portals.
• Fax: 512-424-2650. If faxing, retain the transmission receipt as proof of timely filing.
• Mail: Texas Department of Public Safety, Enforcement and Compliance Service, P.O. Box 4040, Austin, TX 78765-4040. Use Certified Mail Return Receipt Requested to prove the date of mailing.

To request a hearing, you'll need to provide the following information:

• Full Name
• Date of Birth
• Driver’s License Number
• Date of Arrest
• County of Arrest (El Paso)
• Arresting Agency (El Paso PD or Sheriff)

Crucially, explicitly request the presence of the arresting officer at the hearing. If the officer fails to appear, the suspension case may be dismissed.

**What Happens If You Miss The Deadline?*If you fail to request an ALR hearing within 15 days, your Texas driver's license will be automatically suspended. There is no appeal.

Automatic License Suspension

Texas law mandates automatic license suspensions in DUI cases, the length of which depends on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension depends on your driving record.

• First Offense: Suspension can range from 90 days to 1 year.
• You will receive a temporary driving permit valid until the ALR hearing or the start of the suspension.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusing to submit to testing carries harsher penalties than failing a test.

• First Offense Refusal: Your license will be suspended for 180 days.
• Subsequent refusals can result in suspensions of up to two years.
• Texas implied consent law means you can face license suspension even without a criminal conviction.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from the criminal case against you. It's held before an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH). The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that it's more likely than not that you were driving while intoxicated.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of avoiding a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the ALR process, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results.

Possible Outcomes

The ALJ will issue a written decision after the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DPS has met its burden of proof, and your license suspension is upheld.
• Suspension Overturned: The ALJ finds that the DPS has not met its burden of proof, and your license suspension is overturned.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even with a suspended license, you might be eligible for an Occupational Driver's License (ODL) in Texas, often referred to as a "hardship" or "restricted" license. An ODL allows you to drive for essential purposes, such as:

• To and from work
• To and from school
• For essential household duties
• For medical appointments

Eligibility requirements for an ODL include:

• Having a valid Texas driver's license at the time of the DUI arrest.
• Not having any other suspensions or revocations on your driving record.
• Filing a petition with the court and obtaining a court order granting the ODL.

Costs and application process:

• Filing fees vary by county.
• You must provide proof of financial responsibility (SR-22 insurance).

An Ignition Interlock Device (IID) may be required as a condition of the ODL.

Getting Your License Back

Once your license suspension period is over, you must take steps to reinstate your driving privileges.

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal case.

Reinstatement requirements typically include:

• Paying a reinstatement fee to the DPS.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required DUI education or treatment programs.

An SR-22 insurance is a certificate of financial responsibility required by the state after certain traffic violations, including DUI.

El Paso County DMV Offices

While many DPS services can be accessed online, you may need to visit a local office for certain transactions. Note that services offered can vary by location.

(Specific El Paso County DMV/DPS addresses, hours, and phone numbers are not available in the provided data. Please consult the Texas DPS website for the most up-to-date information.)

Special Programs

• Ignition Interlock Device (IID) Program: This 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.
• Occupational License: As described above, this allows driving for essential purposes during a suspension.

Frequently Asked Questions

**1. My license was seized during my DUI arrest in El Paso County. What can I use as ID to recover my vehicle from impound?*If your driver's license was seized, you can use an alternative government-issued photo ID, such as a Passport or State ID card. The impound lot may also accept the temporary driving permit issued by the police.

**2. I was arrested by the El Paso County Sheriff's Office on a Friday night. When can I retrieve my car from the impound lot?*Vehicles impounded by the El Paso County Sheriff’s Office can only be retrieved Monday through Friday, 8:00 AM to 5:00 PM. This limited access can result in additional storage fees over the weekend.

**3. How can I find out if the bondsman I'm considering is licensed and active in El Paso County?*The bail bond industry in El Paso is regulated by the El Paso County Bail Bond Board. Before hiring a bondsman, verify their active status.

Sources

• (https://www.offenderconnect.com/portal?action=FACILITYPAGES&siteID=51)
• Texas Department of Public Safety