Kerr County License Hearing Guide

Your License After a DUI Arrest in Kerr County

Following a Driving Under the Influence (DUI) arrest in Kerr County, Texas, you face two separate but related legal processes: a criminal case in the Kerr County courts, and an administrative action against your driver's license initiated by the Texas Department of Public Safety (DPS). This guide focuses on the administrative process, specifically the potential suspension of your driver's license and the steps you can take to challenge it. Understanding the Administrative License Revocation (ALR) process is crucial, as it can result in a license suspension independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing to challenge the potential suspension of your driver's license. This is a strict deadline. Missing it will result in an automatic suspension of your driving privileges.

To request a hearing, contact the Texas DPS. While the specific method for requesting a hearing is not detailed in the provided documentation, information on contacting the DPS regarding driver's licenses can be found through the Texas DMV.

If you fail to request an ALR hearing within 15 days, your license will be automatically suspended.

Automatic License Suspension

Even before your criminal case is resolved, the Texas DPS can suspend your license based on the circumstances of your arrest. The reason for the suspension, and its length, depends on whether you took a breath or blood test and what the results were.

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 found to be 0.08 or higher, the DPS will move to suspend your license. Texas law dictates the length of this suspension, which is not specified in the provided documentation.

After the DUI arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing, or until the suspension officially begins if you did not request a hearing or if your suspension was upheld at the hearing.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take a breath or blood test results in a longer license suspension than failing the test.

The length of the suspension for refusing a test is not specified in the provided documentation, but is determined by Texas implied consent law.

The ALR/Administrative Hearing

The ALR hearing is a separate proceeding 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.

What It Is

The ALR hearing is an administrative proceeding, not a criminal trial. This means the burden of proof is lower than in a criminal case. The DPS only needs to show that it is more likely than not that you were driving while intoxicated.

The ALR hearing will determine if:

• You were lawfully stopped.
• There was probable cause to believe you were driving while intoxicated.
• You had a BAC of 0.08 or higher, or you refused to take a breath or blood test.

How to Prepare

Proper preparation is key to a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage, or any other information that challenges the DPS's claims.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the probable cause for your arrest, the accuracy of the breath or blood test, or any other aspect of the DPS's case.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the DPS's case, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license that allows you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even with a suspended license, you might be eligible for a restricted license, sometimes called an occupational license, in Texas. This would allow you to drive for essential activities.

• Eligibility requirements for an occupational license are not detailed in the provided documentation and are governed by Texas law.
• An occupational license allows driving for work, school, and essential household duties.
• An occupational license requires a court order.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Fulfill all requirements of the court, including any fines, community service, or alcohol education programs.
• Fees: Pay the required reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs: Complete any court-ordered or DPS-mandated alcohol education programs.

Kerr County DMV Offices

The Texas DMV is responsible for driver's license reinstatement. The Texas DMV website lists the local office that serves Kerr County.

Special Programs

• Ignition Interlock Device Program: Texas law may require you to install an ignition interlock device (IID) on your vehicle as a condition of license reinstatement or probation.
• Occupational License: As described above, this allows limited driving privileges for essential purposes.

Browse licensed bail bondsmen serving Kerr County in our bail bond directory.

Frequently Asked Questions

Q: How aggressively does Kerr County pursue DWI charges? A: Kerr County is a regional epicenter for strict DWI enforcement, with a high volume of arrests relative to its population, as evidenced by 246 DWI charges in 2024.

Q: What is a "No Refusal" weekend in Kerr County? A: During "No Refusal" operational windows, Kerr County agencies streamline the process to obtain blood search warrants if a suspect refuses voluntary breath or blood testing.

Q: Where is the Kerr County Jail located? A: The Kerr County Jail is located at 400 Clearwater Paseo, Kerrville, TX 78028.