Gonzales County License Hearing Guide

Gonzales DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Gonzales, Texas. This is a stressful and confusing time, but understanding what happens next, especially regarding your driver's license, is crucial. This guide provides immediate, practical information about your license suspension and the Administrative License Revocation (ALR) hearing process in Gonzales.

It's important to understand that there are two separate legal processes happening right now:

• Criminal Case: This deals with the DUI charge itself in Gonzales County court.
• Administrative Case (ALR): This deals solely with your driver's license and is handled by the Texas Department of Public Safety (DPS).

The ALR process is triggered by your DUI arrest, regardless of the outcome of your criminal case. This guide focuses on the ALR process and how to potentially save your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need right now. You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

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

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

• Online: The fastest and recommended method is to use the Texas DPS online portal. Search for "Texas DPS ALR Hearing Request" on the DPS website (www.dps.texas.gov).
• Phone: You can call the Texas DPS at the number provided on your temporary driving permit or search for the ALR hearing request phone number on the DPS website. Be prepared to provide your driver's license number and other information related to your arrest.
• Mail: You can send a written request to the address provided on your temporary driving permit or found on the DPS website. However, mailing carries the risk of the request arriving late. If you choose to mail, send it certified mail with return receipt requested to ensure proof of timely submission. The address will be specific to ALR hearing requests.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. You will receive a notice from the DPS confirming the suspension and its effective date. Once suspended, you will be unable to legally drive in Texas until the suspension period ends and you meet the reinstatement requirements.

Automatic License Suspension

Your license is subject to automatic suspension based on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The standard suspension period for a first-time offense is typically 90 days to 1 year. The specific length depends on various factors, including the BAC level and any aggravating circumstances.
• Temporary Permit Valid Until Hearing or Suspension Begins: When you were arrested, you should have received a temporary driving permit. This permit allows you to drive legally until your ALR hearing (if requested) or until the suspension period begins. Carefully check the expiration date on the temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for 180 days to 2 years for a first offense.
• Implied Consent Law in Texas: Texas operates under 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 results in an administrative license suspension, as described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal DUI case. Its sole purpose is to determine whether the Texas DPS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact your criminal case, and vice versa. You can win the ALR hearing and still be convicted of DUI, or lose the ALR hearing and be acquitted of DUI.
• Decide if License Suspension is Warranted: The ALR hearing officer will review the evidence presented by the DPS and any evidence you or your attorney present to decide if the suspension is justified.
• 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 you were driving while intoxicated.

How to Prepare

Proper preparation is key to having the best chance of winning your ALR hearing.

• Gather Evidence: Gather any evidence that supports your case. This may include:
• Witness Statements: Statements from passengers or other witnesses who can attest to your sobriety or driving abilities.
• Video Evidence: Dashcam footage or surveillance video that may contradict the police officer's account.
• Medical Records: If you have a medical condition that could have affected your BAC reading, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can:
• Request and review all relevant documents from the DPS.
• Present your case effectively at the hearing.
• Cross-examine the arresting officer.
• Advise you on the best course of action.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The Legality of the Stop: Was there a valid reason for the police officer to stop your vehicle?
• Probable Cause for Arrest: Did the officer have probable cause to believe you were driving while intoxicated?
• Breath/Blood Test Procedures: Were the breath or blood test procedures followed correctly? Was the equipment properly calibrated?
• Refusal Justification: If you refused testing, did the officer properly advise you of the consequences of refusal?

Possible Outcomes

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

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted license, also known as an occupational license, to allow you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must generally:
• Have had your license suspended due to a DUI.
• Not have any other active suspensions.
• File a petition with the court in the county where you reside or where the offense occurred (Gonzales County).
• What You Can Drive For: An occupational license typically allows you to drive for:
• Work
• School
• Essential family needs (medical appointments, childcare)
• Costs and Application Process: The application process involves filing a petition with the court, obtaining a court order, and then applying to the Texas DPS for the occupational license. There are court fees and DPS fees associated with this process. Consulting with an attorney is highly recommended to navigate the process correctly.
• IID Requirement: Depending on the circumstances of your DUI, 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

After Criminal Case Concludes

Whether you win or lose the ALR hearing, you will eventually need to reinstate your license after the suspension period ends, regardless of the outcome of the criminal case.

• 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 DUI education programs or community service.
• Fulfill any other court-ordered requirements.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time, typically two years, after your license is reinstated.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or a community service program as part of your criminal sentence. Completion of these programs is often a requirement for license reinstatement.

Gonzales DMV Offices

Unfortunately, specific DPS office information for Gonzales is limited. The closest full-service DPS offices are likely in larger nearby cities. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office locations and hours. You may need to travel to a neighboring county to conduct certain DPS transactions.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of probation or for obtaining an occupational license. The IID requires you to blow into a device before starting your vehicle, and the vehicle will not start if alcohol is detected.
• Occupational License: Explained above.

This information is for general guidance only and should not be considered legal advice. It is critical to consult with a qualified DUI attorney in Gonzales, Texas, to discuss your specific situation and protect your rights. Don't delay; the 15-day ALR hearing request deadline is fast approaching.