Howard County License Hearing Guide

Howard DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

If you've just been arrested for DUI (Driving Under the Influence) in Howard County, Texas, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns is probably your driver's license. It's crucial to understand that your driving privileges are at risk, and you need to act quickly to protect them. This guide is designed to provide you with the information you need to navigate the Administrative License Revocation (ALR) process in Howard County and understand the potential license suspension that could result from your DUI arrest.

It's important to understand that there are two separate legal processes happening now: the criminal case related to your DUI charge and the administrative process concerning your driver's license. This guide focuses on the administrative side – the ALR process. The outcome of the ALR hearing can significantly impact your ability to drive, regardless of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license. Missing this deadline will result in an automatic suspension of your license.

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

How to Request: You can request the hearing in one of the following ways:

• Online: Visit the Texas DPS website (search for "ALR Hearing Request Texas"). Follow the online instructions to submit your request electronically. This is often the fastest and most efficient method.
• Phone: Call the Texas DPS at the designated ALR hearing request phone number (search "Texas DPS ALR Hearing Phone Number"). Be prepared to provide your driver's license number, date of birth, and other information related to your arrest.
• Mail: Send a written request for an ALR hearing to the Texas DPS address designated for ALR hearing requests (search "Texas DPS ALR Hearing Address"). Your request should include your full name, driver's license number, date of birth, mailing address, and a clear statement that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Howard County. Send this via certified mail with return receipt requested to ensure proof of delivery.

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. The suspension period will depend on whether you took a breath or blood test and, if so, what the results were, or if you refused to take a test. Don't let this happen – act now!

Automatic License Suspension

Even if you request an ALR hearing, your license could still be subject to automatic suspension pending the outcome of the hearing.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will likely be suspended if the ALR hearing doesn't go in your favor.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.
• Temporary Permit: The temporary driving permit issued at the time of your arrest is usually valid until your ALR hearing or until the suspension officially begins (usually 40 days from the arrest).

If You Refused Testing

Refusing to take a breath or blood test carries a harsher penalty.

• Refusal Penalty: If you refused testing, your license will likely be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas has 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 can result in the automatic suspension described above, regardless of whether you were actually intoxicated.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil, administrative proceeding completely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient evidence to justify your arrest and whether your license should be suspended.
• Lower Burden of Proof Than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The DPS only needs to prove by a "preponderance of the evidence" (more likely than not) that the necessary conditions for suspension were met.

How to Prepare

Proper preparation for your ALR hearing is essential.

• Gather Evidence: Collect any evidence that could support your case. This might include witness statements, video footage (e.g., dashcam or bodycam footage), or any other information that could challenge the DPS's case against you.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can be invaluable in navigating the ALR process. They can help you understand your rights, gather evidence, prepare for the hearing, and represent you effectively. While it's tempting to save money and represent yourself, the complexities of the law and the potential consequences of losing your license make legal representation a worthwhile investment.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including the legality of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results. Your attorney can help you identify the strongest arguments in your case.

Possible Outcomes

The ALR hearing can have several 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, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in Texas

A hardship or restricted license, sometimes called an Occupational Driver's License (ODL) in Texas, can be a lifeline if your license is suspended.

• Eligibility Requirements: To be eligible for an ODL, you must typically demonstrate that you need to drive for essential purposes, such as work, school, or medical care. You must also not have any other outstanding suspensions or revocations on your driving record.
• What You Can Drive For: An ODL typically allows you to drive only for specific purposes and during specific hours, as determined by the court. Common restrictions include driving to and from work, school, medical appointments, and essential household errands.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, paying court fees, and providing evidence of your need to drive. The process can vary depending on the specific court.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Even if your license is suspended, you can eventually get it back.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period is over, you will need to meet certain reinstatement requirements to get your license back. These requirements typically include paying a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee can vary depending on the length and type of suspension.
• SR-22 Insurance Requirement: You may also be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance.
• Classes/Programs that Must Be Completed: Depending on the circumstances of your DUI arrest, you may be required to complete a DUI education program or other court-ordered classes.

Howard DMV Offices

Unfortunately, Howard County has no official DMV offices because of its small population. The nearest offices can be found in neighboring counties:

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It is always recommended to check the Texas DPS website for the most up-to-date information on office locations and hours.

Special Programs

• Ignition Interlock Device Program: Texas requires IIDs for certain DUI offenders, especially repeat offenders or those with high BAC levels. The IID prevents the vehicle from starting if the driver's breath alcohol concentration exceeds a pre-set limit.
• Occupational License: As described above, an ODL allows you to drive for essential purposes during a suspension.
• [Research and include any other state-specific programs that might be relevant to DUI offenders in Texas, such as diversion programs or alcohol treatment programs.]

Navigating the legal complexities following a DUI arrest can be challenging. Remember to act quickly, understand your rights, and seek professional help when needed. Your driver's license is important, and taking the right steps can significantly impact your ability to drive and your future.