Galveston County License Hearing Guide

Your License After a DUI Arrest in Galveston County

After a Driving While Intoxicated (DWI) arrest in Galveston County, you face two separate legal processes: a criminal case in the Galveston County courts, and an administrative case handled by the Texas Department of Motor Vehicles (DMV) regarding your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your driver's license and how to fight it. The administrative process is separate from the criminal case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is a critical deadline. Missing it will result in an automatic suspension of your driver's license.

To request a hearing, you must contact the Texas DMV.

You can request a hearing by:

• Online: (Unavailable in research data)
• Phone: (Unavailable in research data)
• Mail: (Unavailable in research data)

If you miss the 15-day deadline, your license will be automatically suspended. There are very limited exceptions to this rule. It is crucial to act quickly.

Automatic License Suspension

The Texas DMV will automatically suspend your driver's license under certain conditions following a DUI arrest. The length of the suspension depends on whether you took a breath or blood test and what the results were, 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 specific duration of the suspension is set by Texas DMV based on TX law.

After the DUI arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing or until the suspension period begins.

If You Refused Testing

Under Texas's implied consent law, when you drive on Texas roads, you consent to provide a breath or blood sample if lawfully arrested for DUI. If you refuse to provide a sample, your license will be suspended for a longer period than if you had taken and failed the test. The suspension period for refusing a breath or blood test is determined by Texas DMV according to Texas law.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate proceeding from your criminal DUI case. It is conducted by the Texas DMV to determine whether your driver's license should be suspended.

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

How to Prepare

Preparing for an ALR hearing is crucial to potentially saving your license.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, such as the legality of the traffic stop, the administration of the breath or blood test, or the probable cause for the arrest.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The DMV upholds the suspension, and your license will be suspended for the statutory period.
• Suspension Overturned: The DMV overturns the suspension, and your license will not be suspended.
• Restricted/Hardship License Granted: The DMV may grant you a restricted or hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in Texas

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

• Work
• School
• Essential household duties

Eligibility requirements and application processes are set by the Texas DMV. You may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension if you are convicted of DUI in criminal court.

Reinstatement requirements are determined by the Texas DMV and may include:

• Paying reinstatement fees
• Filing an SR-22 insurance certificate
• Completing required classes or programs

Galveston County DMV Offices

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Special Programs

• Ignition Interlock Device (IID) Program: As mandated by the state, the IID program requires the installation of a breathalyzer in your vehicle that prevents it from starting if alcohol is detected.
• Occupational License: As described above, this restricted license allows driving for essential purposes.

Frequently Asked Questions

Q: How long will my car be impounded after a DUI arrest in Galveston County? A: The length of time your car is impounded depends on several factors. Contact the Galveston County Sheriff's dispatch directly at 409-766-2322 (for island and specific mainland areas) or 281-534-3515 (for League City and northern mainland jurisdictions) to determine where your vehicle is located.

Q: Where is the Galveston County Jail located? A: The Galveston County Jail is located at 5700 Avenue H, Galveston, TX 77551.

Q: How can I find out the bail amount set for a DUI charge in Galveston County? A: Use the Galveston County P2C (Police-to-Citizen) online portal to access the jail roster and verify the established bond amounts.