Kenedy County License Hearing Guide

Kenedy DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

A DUI arrest in Kenedy, Texas, can trigger two separate legal battles: a criminal case in the Kenedy County court system and an administrative process through the Texas Department of Public Safety (DPS) concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your driver's license and how to fight it. Time is of the essence! Understanding the process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following a DUI arrest, your driver's license is at risk of suspension. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension and potentially keep your license. Missing this deadline means your license will automatically be suspended.

Where to Request the Hearing:

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

How to Request the Hearing:

• Online: The quickest and most efficient way is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" section.
• Mail: You can also request the hearing by mail. Send a written request to the address provided on the temporary driving permit you received after your arrest. Be sure to send it certified mail, return receipt requested, so you have proof of timely submission.
• Phone: While calling the DPS is not recommended as the primary method, you may call to confirm receipt of your mailed request.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule, so it is crucial to act immediately. Don't delay – start the process today!

Automatic License Suspension

The Texas DPS can automatically suspend your license based on the circumstances of your DUI arrest. This suspension is separate from any penalties imposed by the criminal court.

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 90 days for a first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid for a limited time, usually until your ALR hearing or the date the suspension begins if you don't request a hearing, or if your hearing is lost.

If You Refused Testing

Texas, like most states, 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 arrested for DUI. Refusal to take the test carries significant penalties.

• Refusal Penalty: Refusing a breath or blood test results in a longer license suspension than failing the test. For a first offense, the suspension period for refusing a test is typically 180 days.
• Implied Consent Law in Texas: Understanding the implied consent law is crucial. Even if you believe the officer lacked probable cause for the stop, refusing the test will still result in a license suspension.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil administrative proceeding, entirely separate from the criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice-versa.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that the facts support the suspension. This 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 may include witness statements, dashcam footage (if available), medical records, or anything else that could cast doubt on the validity of the arrest or the BAC results.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can effectively cross-examine witnesses, and can present your case in the most compelling way possible. Especially in a remote county like Kenedy, legal expertise is crucial.
• Understand What You Can Challenge: You can challenge various aspects of the 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 properly.
• Whether the BAC results are accurate.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the DPS's evidence, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes (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, that allows you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential household duties. You must also show that you are not a danger to public safety.
• What You Can Drive For: An occupational license typically allows you to drive to and from work, school, medical appointments, and other essential activities. The license will specify the days and times you are permitted to drive.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, providing supporting documentation, and paying applicable fees. An attorney can assist you with this process.
• IID Requirement: In some cases, 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

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

The requirements for reinstatement may vary depending on the outcome of your criminal case.

• Reinstatement Requirements: Typically, you will need to pay a reinstatement fee to the DPS.
• Fees: The reinstatement fee varies, so check with the DPS for the current 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 (usually two years).
• Classes/Programs That Must Be Completed: You may also be required to complete a DUI education course or other programs as ordered by the court.

Kenedy DMV Offices

Since Kenedy County has no population, there are no DPS offices located within the county itself. You will likely need to travel to a neighboring county for DPS services. Check the Texas DPS website for the nearest location and hours of operation. Common choices are in the larger towns of Sarita or Kingsville.

Special Programs

• Ignition Interlock Device Program: This program allows individuals to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As described above, this license allows you to drive for essential purposes during a license suspension.

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Kenedy, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options.