Kendall County License Hearing Guide

Kendall DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Kendall County, Texas)

Being arrested for a DUI in Kendall County, Texas, can be a frightening experience. Beyond the criminal charges, you're also facing the potential loss of your driver's license. It's crucial to understand that there are two separate legal processes involved: the criminal case and the administrative license suspension process. This guide focuses on the administrative side – specifically, how to protect your driving privileges after a DUI arrest in Kendall. The administrative process is handled separately from your criminal case and has strict deadlines you MUST meet. Don't delay – your ability to drive is on the line.

Your License After a DUI Arrest in Kendall

After a DUI arrest in Kendall County, the Texas Department of Public Safety (DPS) can suspend your driver's license. This action is independent of the criminal charges you face in court. Even if you are later found not guilty of the DUI, your license can still be suspended administratively. This suspension is triggered by either failing a breath or blood test (having a Blood Alcohol Concentration or BAC of 0.08 or higher) or refusing to submit to such a test.

Understanding this separation is paramount. You need to address both the criminal charges and the administrative license suspension to protect your driving privileges. This guide will walk you through the administrative process, focusing on the crucial ALR (Administrative License Revocation) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know: You only have 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. If you fail to request this hearing within the allotted time, your license will be automatically suspended. Don't wait!

Where to Request the Hearing:

You request the hearing through the Texas Department of Public Safety (DPS).

How to Request the Hearing:

You have several options for requesting your ALR hearing:

• Online: The fastest and most efficient method is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" section. You'll need information from your DUI arrest report.
• Phone: You can call the Texas DPS at their designated ALR hearing request number. Be prepared to provide your driver's license number and details of your arrest. Important: Keep a record of the date and time of your call, and the name of the person you spoke with.
• Mail: You can send a written request for an ALR hearing to the Texas DPS. Important: Send it via certified mail with return receipt requested so you have proof that DPS received it within the 15-day deadline. The address for mailing is usually found on the temporary driving permit you received at the time of your arrest. If not, you will need to contact the DPS to obtain the correct address.

What Happens If You Miss the Deadline:

If you miss the 15-day deadline, your license will be automatically suspended. There is very little you can do to reverse this once the deadline has passed. Act now! It's worth repeating: REQUEST YOUR ALR HEARING IMMEDIATELY!

Automatic License Suspension

The Texas DPS will automatically suspend your license under the following circumstances:

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test results showed a BAC of 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically 90 days.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until your ALR hearing or until the suspension begins (if you didn't request a hearing, or if the suspension is upheld at the hearing).

If You Refused Testing

• Refusal Penalty: If you refused to submit to a breath or blood test, the penalty is more severe. Your license will be suspended for a longer period, typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing carries significant penalties.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from the criminal DUI case. It's an administrative hearing conducted by the Texas DPS.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• 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 "probable cause" that you were driving while intoxicated.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or anything that casts doubt on the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly increase your chances of success. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer followed proper procedures when administering the breath or blood test.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS does not have sufficient 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 if your license is suspended, you may be able to obtain a hardship or restricted license, also known as an Occupational Driver's License (ODL), in Texas. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate a need to drive for essential purposes. You typically need to provide proof of employment, school enrollment, or medical appointments.
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and paying a fee. You will also need to provide proof of financial responsibility (SR-22 insurance).
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After your suspension period is over and the criminal case concludes, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies but is typically several hundred dollars.
• SR-22 Insurance Requirement: You will likely be required to maintain SR-22 insurance for a period of time, typically two to three years. SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS.
• Classes/Programs That Must Be Completed: Depending on the specifics of your criminal case, you may be required to complete a DUI education program or community service.

Kendall DMV Offices

Unfortunately, there are currently no designated DMV/DPS offices located directly within Kendall County. The nearest offices are typically located in neighboring counties. Please check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office locations, addresses, hours, and services offered. You may need to travel to a nearby county to handle certain driver's license reinstatement or other DPS-related matters.

Special Programs

• Ignition Interlock Device Program: As mentioned above, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an ODL or as part of your criminal sentence. The IID requires you to blow into a device before starting your car to ensure you are not intoxicated.
• Occupational License: Discussed above, this allows driving for essential needs during a suspension.
• Any State-Specific Programs: Check with your attorney or the Texas DPS for any other state-specific programs that might be relevant to your situation.

Disclaimer: This guide provides general information and is not intended to be a substitute for legal advice. If you have been arrested for DUI in Kendall County, Texas, it is essential to consult with an experienced DUI attorney as soon as possible to protect your rights and your driving privileges. Remember that failing to act quickly can have serious consequences. Request your ALR hearing within 15 days!