Kerr County License Hearing Guide

Kerr DUI License Suspension & ALR Hearing

Being arrested for a DUI in Kerr, Texas, is a stressful and confusing experience. It's crucial to understand that there are two separate legal processes you'll be facing: a criminal case and an administrative case. This guide focuses specifically on the administrative side, dealing with the potential suspension of your driver's license. This is handled by the Texas Department of Public Safety (DPS) through a process called an Administrative License Revocation (ALR) hearing. Acting quickly is critical because you have a very short window to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing to understand: You have only 15 days from the date of your DUI arrest to request an ALR hearing. If you miss this deadline, your license will be automatically suspended. No exceptions.

Where to Request: You need to request the hearing from the Texas Department of Public Safety (DPS).

How to Request: You have a few options for requesting your ALR hearing:

• Online: The fastest and recommended method is to request it online through the Texas DPS website. Look for the section on "Driver License Enforcement Actions" or "ALR Hearings." You will likely need your driver's license number and date of birth.
• Phone: You can call the Texas DPS Driver License Division. Be prepared for potential wait times. The general number is typically available on the DPS website.
• Mail: You can send a written request to the Texas DPS Driver License Division. Be sure to include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested so you have proof of your request. Note: Mailing is the slowest method and carries the highest risk of missing the 15-day deadline, so it's not recommended unless the online or phone options are unavailable.

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, and there is often no recourse. Don't let this happen to you! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license might be automatically suspended pending the outcome of the hearing. The reasons for this automatic suspension depend on whether you took the breath or blood test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first offense is generally 90 days to 1 year depending on the circumstances.
• Temporary Permit: After your arrest, you should have been issued a temporary driving permit. This permit is typically valid until your ALR hearing or until the automatic suspension takes effect. Pay close attention to the expiration date of this temporary permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for 180 days to 2 years for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to testing can result in administrative penalties, as described above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative process from your criminal DUI case. It is conducted by the Texas DPS and its sole purpose is to determine whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. You can win your ALR hearing and still be convicted in criminal court, or lose your ALR hearing and be acquitted in criminal court.
• Decide if License Suspension is Warranted: The DPS has the burden of proving that there was probable cause for your arrest and that you were driving while intoxicated.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "a preponderance of the evidence" (more likely than not) that you were intoxicated, rather than "beyond a reasonable doubt."

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other documentation that might challenge the DPS's case.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly increase your chances of a favorable outcome. They can help you understand your rights, gather evidence, and represent you at the hearing. They understand the nuances of Texas DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer followed proper procedures during the arrest.
• The accuracy of the breath or blood test results.
• Whether you were actually intoxicated.

Possible Outcomes

There are three primary possible outcomes of your ALR hearing:

• Suspension Upheld: The DPS proves its case, and your license suspension is upheld.
• Suspension Overturned: You successfully challenge the DPS's case, and your license suspension is overturned. You retain your driving privileges.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted or hardship license (discussed below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or hardship license, sometimes called an Occupational License (OL), which allows you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:
• Having a valid driver's license at the time of the arrest.
• Not having any other suspensions or revocations on your driving record.
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as:
• Traveling to and from work.
• Attending school or job training.
• Going to medical appointments.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and providing documentation to support your need for driving privileges. There are court costs and attorney fees associated with this process.
• IID Requirement: The court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

After your license suspension period ends, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Show proof of completion of any required alcohol education programs or community service.
• Comply with any court orders related to your criminal case.
• Fees: The reinstatement fee varies but is generally around $125.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your DUI conviction. This indicates to the state that you have the minimum required liability insurance.
• Classes/Programs that Must Be Completed: Depending on the circumstances of your case and the court's orders, you may be required to complete alcohol education programs or community service.

Kerr DMV Offices

Unfortunately, specific DMV office information for Kerr, TX is unavailable at this time. However, you can find the nearest DPS office by visiting the Texas DPS website: and searching by zip code. Be sure to check their hours of operation before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to drive with an IID installed in their vehicle. The IID requires the driver to blow into the device before starting the car, and if alcohol is detected, the car will not start.
• Occupational License: As described above, an occupational license allows individuals with suspended licenses to drive for essential purposes.

Being arrested for DUI in Kerr can be a daunting experience. Understanding the ALR hearing process and taking immediate action to protect your driving privileges is crucial. Don't hesitate to consult with a qualified Texas DUI attorney to discuss your case and explore your options.