Goliad County License Hearing Guide

Goliad DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Goliad, Texas, can have devastating consequences. This guide is designed to provide you with the immediate, practical information you need to navigate the administrative license suspension process and protect your driving privileges. It's crucial to understand that the administrative process dealing with your license is separate from the criminal case against you. This means your license can be suspended even if you're ultimately found not guilty in court.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Goliad County, you have a very limited time to act to potentially save your driver's license. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is an absolutely critical deadline. Missing it will result in an automatic suspension of your driver's license.

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

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

• Online: Visit the Texas DPS website (www.dps.texas.gov). Look for the section on ALR hearings, often under "Driver License Services" or "Administrative Hearings." Follow the online instructions to submit your request. This is often the fastest and most efficient method.

• Mail: Send a written request to the Texas Department of Public Safety (DPS) at the address listed on the temporary driving permit you received at the time of your arrest. This permit will also contain instructions on requesting the ALR hearing. The request should include your full name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing related to your recent DUI arrest in Goliad County. Send it via certified mail with return receipt requested to ensure you have proof of timely submission.

• Phone: While not recommended as the primary method due to potential difficulties in proving timely submission, you may be able to request a hearing by calling the DPS. Find the relevant phone number on your temporary permit or on the DPS website. Be prepared to provide all necessary information and document the date and time of your call.

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

Automatic License Suspension

The Texas Department of Public Safety (DPS) can automatically suspend your license following a DUI arrest based on the results of a breath or blood test, or based on your refusal to submit to testing.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test results showed a Blood Alcohol Content (BAC) of 0.08 or higher, your license will be suspended. The suspension period for a first-time offense is typically 90 days to one year.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is valid for a limited time, usually 40 days. This allows you to drive legally until your ALR hearing (if requested) or until the automatic suspension goes into effect.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test in Texas carries a significantly harsher penalty than failing the test. Your license will be suspended for a longer period – typically 180 days to two years for a first-time refusal.

• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This law states that by operating a motor vehicle on Texas roads, you have implicitly consented to submit to chemical testing (breath, blood) if lawfully arrested for driving under the influence. Refusal to submit to testing can result in the aforementioned license suspension, even if you are never convicted of the DUI charge in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's crucial to understand what this hearing is and how to prepare for it.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Texas DPS. It is entirely separate and distinct from the criminal case against you. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.

• Decide If License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your driver's license. This focuses on the circumstances surrounding your arrest and the evidence related to your BAC or refusal to test.

• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, whereas a criminal trial requires proof "beyond a reasonable doubt."

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): Gather any evidence that supports your case. This might include:

• Witness statements from passengers or others who observed you before your arrest.

• Video footage (e.g., dashcam, surveillance) that could contradict the officer's observations.

• Medical records that might explain a high BAC reading (if applicable).

• Any documentation that challenges the validity of the breath or blood test.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A qualified Goliad DUI attorney can:

• Request the hearing on your behalf and ensure all deadlines are met.

• Obtain and review the evidence against you.

• Prepare you for your testimony.

• Cross-examine the arresting officer and other witnesses.

• Present a strong defense on your behalf.

• 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 arrest you for DUI.

• Whether you were properly informed of your rights regarding breath or blood testing.

• Whether the breath or blood test was administered correctly and the results are accurate.

• Whether you actually refused to submit to testing (if applicable).

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.

• Suspension Overturned: If you successfully challenge the DPS's evidence, the suspension will be overturned, and your license will be reinstated.

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even with a suspended license, you may be able to obtain an occupational license in Texas, allowing you to drive for essential needs.

• Eligibility Requirements: To be eligible for an occupational license, you must generally demonstrate that you need to drive for:

• Work

• School

• Essential household duties

• Medical appointments

• What You Can Drive For (Work, School, Medical): An occupational license typically restricts your driving to specific times, locations, and purposes related to work, school, or essential needs.

• Costs and Application Process: The application process involves filing a petition with the court, providing supporting documentation, and paying associated fees. Consult with a DUI attorney to understand the specific requirements and procedures in Goliad County.

• IID Requirement: Depending on the circumstances of your DUI arrest and previous driving record, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:

• Pay a reinstatement fee to the Texas DPS.

• Provide proof of completion of any required alcohol education programs or community service.

• Meet any other requirements imposed by the court in your criminal case.

• Fees: The reinstatement fee varies but is typically several hundred dollars.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time following your DUI conviction.

• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education programs or community service as part of your sentence. You must provide proof of completion to the DPS before your license can be reinstated.

Goliad DMV Offices

Unfortunately, Goliad is a very small county and may not have a dedicated DPS office directly within the county. You will likely need to visit a neighboring county's DPS office.

You can find the closest DPS offices and their hours of operation by visiting the Texas Department of Public Safety website (www.dps.texas.gov) and using their office locator tool. Be sure to check their hours and appointment requirements before visiting. Some common nearby locations may include:

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Special Programs

• Ignition Interlock Device Program: This program allows individuals convicted of DUI to drive with a device installed in their vehicle that requires them to blow into it before starting the engine. The device prevents the car from starting if alcohol is detected.

• Occupational License: As discussed earlier, this allows you to drive for essential purposes, such as work or school, while your license is suspended.

• Any State-Specific Programs: The Texas DPS website (www.dps.texas.gov) provides detailed information on all available programs for individuals with suspended licenses.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified Goliad DUI attorney to discuss the specific facts of your case and obtain personalized legal advice. Time is of the essence, so act quickly to protect your rights and driving privileges.