Harris County DUI Guide

DUI Arrest in Harris County, TX: Complete Guide

Being arrested for DUI in Harris County, Texas, is a disorienting experience. You're likely facing immediate concerns about your driver's license, your car, and your freedom. This guide provides a step-by-step overview of what to do next, focusing on the specific procedures and resources available in Harris County. We'll cover everything from getting out of jail to understanding your rights regarding your impounded vehicle.

Immediate Steps (First 24 Hours)

The first 24 hours after a DUI arrest in Harris County are crucial. Here’s what you can expect:

• Arrest and Initial Processing: You will likely be arrested by the Harris County Sheriff's Office (HCSO) or a local police department within the county. The arresting officer will transport you to a detention facility for processing.

• Booking: At the Harris County jail, the booking process involves fingerprinting, photographing, and collecting personal information. Your belongings will be inventoried and stored. This process can take several hours.

• Phone Call: You will typically be allowed to make a phone call shortly after booking. It's essential to use this call wisely. Contact a family member, friend, or attorney.

• Bail Setting: A judge or magistrate will set your bail amount. The amount varies, but it's often based on the severity of the offense and your criminal history.

• Release: Once bail is posted, you will be released from custody. This can take several hours after bail is paid, so plan accordingly.

Critical Deadlines

Missing deadlines can severely impact your case. Here are the key ones to keep in mind:

• ALR Hearing Request: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is separate from your criminal case and determines whether your driver's license will be suspended. Missing this deadline automatically suspends your license.

• Court Appearance: Your first court appearance, also known as an arraignment, will be scheduled soon after your arrest. The date will be on your release paperwork. Missing this appearance can result in a warrant for your arrest.

DUI Enforcement in Harris County

DUI enforcement in Harris County is active and ongoing. While specific checkpoint locations vary, be aware that HCSO and local police departments conduct sobriety checkpoints and saturation patrols throughout the year.

Local Resources

• Harris County Criminal Justice Center: 1201 Franklin Street, Houston, TX
• Harris County Criminal Court at Law 1: 1201 Franklin Street, Houston, TX
• Harris County Criminal Court at Law 3: 1201 Franklin Street, Houston, TX
• HCSO Vehicle Crime Processing Facility: 310 Fisher Road, Houston, TX
• HCSO Auto Theft Division: (281) 446-4399
• HCSO Non-Emergency Line: (713) 221-6000
• Justice of the Peace Courts of Precinct 2, Place 1 (Judge Jo Ann Delgado): 10851 Scarsdale, Ste 500, Houston, TX 77089.
• Justice of the Peace Courts of Precinct 3, Place 1 (Judge Joe Stephens): 14350 Wallisville Rd, Ste 102, Houston, TX 77049.
• Justice of the Peace Courts of Precinct 6, Place 1 (Judge Victor Treviño III): 333 Lockwood, Houston, TX 77011.
• Justice of the Peace Courts of Precinct 8 (Judge Holly Williamson): Check current listings for specific Pct 8 annex locations.

What Makes Harris County Different

Harris County has specific procedures and regulations that impact DUI cases. Here are a few key points:

• Tow Slips: According to HCSO Policy #619, the deputy authorizing the tow must provide you with a "tow slip" containing crucial information about your vehicle's location. If you received this slip, it's the fastest way to locate your car. Ask family members to look for it during booking property intake.

• Vehicle Impoundment: If your vehicle is impounded, it will likely be taken to a private lot determined by the geographic zone of the arrest. However, if the vehicle is part of a crime scene, it will be taken to the HCSO Vehicle Crime Processing Facility at 310 Fisher Road.

• Contesting the Tow: If you believe your vehicle was illegally towed, you have the right to a hearing under Chapter 2308 of the Texas Occupations Code. However, you must file a request for a hearing within 14 days (excluding Saturdays, Sundays, and legal holidays). Importantly, in Harris County, these requests must be filed in the Justice of the Peace Courts of Precinct 2, Precinct 3, Precinct 6, or Precinct 8. The filing fee is $54.00.

• Impound Lot Fees: Towing and storage fees are regulated. Remember the "Midnight Rule" and the 12-hour grace period: if you retrieve your vehicle within 12 hours across two calendar days, you'll only be charged for one day of storage. VSFs must accept cash, debit cards, and credit cards.

• No Insurance, No Problem (Initially): While you must have insurance to drive the car, the VSF cannot legally withhold your vehicle simply because you lack proof of insurance. They must release it if you prove ownership and pay the fees, even if you have to arrange a "tow-out" to a private location.

• Right to Access Property: You have the right to access your vehicle to retrieve personal property and ownership documents, such as your insurance card or registration, without being charged a fee.

To request a tow hearing if you cannot afford the $54 filing fee, you can download a "Statement of Inability to Afford Payment of Court Costs" from the Harris County District Clerk or JP website and submit it with your hearing request.