Houston County License Hearing Guide

Houston DUI License Suspension & ALR Hearing

Your ability to drive in Houston is immediately threatened after a DUI arrest. This guide provides critical information about your license suspension, the Administrative License Revocation (ALR) hearing, and how to fight for your driving privileges. Don't delay - deadlines are tight!

Important Note: A DUI arrest triggers two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side – the ALR hearing and license suspension. Even if your criminal case is dismissed, your license can still be suspended!

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is a non-negotiable deadline. Missing it means your license will be automatically suspended.

Where to Request: Texas Department of Public Safety (DPS)

How to Request: You can request your ALR hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website at .
• Phone: Call the Texas DPS at .
• Mail: Send a written request to the address below. It's crucial to send it certified mail with return receipt requested to prove you met the deadline:

Your request must include your name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest on [Date of Arrest].

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, typically 40 days after your arrest. You will receive a notice from the DPS confirming the suspension. Once suspended, it can be difficult and costly to reinstate your license.

Automatic License Suspension

Your license faces immediate suspension based on the circumstances of your arrest.

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.

• BAC over 0.08: The suspension period is typically .
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until your ALR hearing (if requested) or until the suspension period begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty in Texas.

• Refusal Penalty: The suspension period for refusing a breath or blood test is typically .
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal has serious consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: This is a completely separate process from your criminal DUI case. The outcome of the ALR hearing doesn't directly impact the criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage, receipts, or any other documentation that challenges the reason for your arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings in Houston can significantly increase your chances of success. They understand the legal procedures, can cross-examine witnesses, and present a strong defense on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered correctly.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether you actually refused the test (if applicable).

Possible Outcomes

• Suspension Upheld: If the hearing officer rules in favor of the DPS, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient grounds to suspend your license, 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 with a suspended license, you may be able to obtain a hardship or restricted license, known as an Occupational Driver's License (ODL), to drive for essential purposes.

• Eligibility Requirements: You must meet specific requirements, including demonstrating a need to drive for work, school, or essential family responsibilities. You are generally not eligible if your license was suspended for refusing a breath/blood test.
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to work, school, or medical appointments.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, providing supporting documentation, and paying associated fees.
• IID Requirement: Depending on the circumstances of your case, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: You'll typically need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies. Contact the DPS for the current fee amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case and the outcome of the criminal proceedings, you may be required to complete a DUI education program or community service.

Houston DMV Offices

[Important Note: Replace these placeholders with actual current addresses and hours. Double-check accuracy.]

Below are some local DPS offices in the Houston area. Check the DPS website for the most up-to-date information and hours of operation before visiting.

• Houston Mega Center DPS:
• North Houston DPS:
• South Houston DPS:

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive if they install an IID in their vehicle. The device prevents the vehicle from starting if alcohol is detected on the driver's breath.
• Occupational License: As described above, this allows you to drive for essential purposes during a suspension.
• DUI Education Programs: These programs are often required as part of a DUI sentence or as a condition of license reinstatement.

Disclaimer: This guide provides general information about DUI license suspensions in Houston, Texas. It is not a substitute for legal advice. Consult with a qualified DUI attorney to discuss the specific facts of your case and your legal options. Time is of the essence - contact an attorney today to protect your rights and your driving privileges.