Kleberg County License Hearing Guide

A DUI arrest in Kleberg County, Texas, triggers two separate but related legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative side, specifically the process of potentially saving your driver's license through an Administrative License Revocation (ALR) hearing. It's crucial to understand that the ALR process is entirely separate from the criminal DUI case and can result in a license suspension even if the criminal charges are later dismissed.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Kleberg County, you have a very limited window to protect your driving privileges. You must request an ALR hearing within 15 days of your arrest. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license.

To request a hearing, you must contact the Texas Department of Public Safety (DPS). You can submit your request:

• Online: Unfortunately, there is no direct link to the ALR hearing request page.
• By Mail: Send your request to the address provided on the DIC-25 form you received at the time of your arrest.
• By Fax: Fax your request to the fax number provided on the DIC-25 form you received at the time of your arrest.

Your request must include your name, address, date of birth, driver's license number, and the date of your arrest. Retain a copy of your hearing request for your records.

**What Happens if You Miss the Deadline?*If you fail to request an ALR hearing within the 15-day deadline, your Texas driver's license will be automatically suspended, beginning 40 days from the date of your arrest. There are very limited exceptions to this rule, so immediate action is essential.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended. The grounds for suspension depend on whether you submitted to breath or blood testing and the results of that test, or whether you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, TX law dictates that your license will be suspended. You were likely issued a temporary driving permit at the time of your arrest, which is valid for 40 days. This permit remains valid until the ALR hearing decision or until the 40 days expire.

If You Refused Testing

Under Texas's implied consent laws, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusing to submit to testing carries more severe penalties than failing a test. If you refused to provide a breath or blood sample, your license will be suspended for a longer period.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, meaning it's separate from the criminal case against you. It's conducted by the State Office of Administrative Hearings (SOAH) and its sole purpose is to determine whether the Texas DPS had sufficient grounds to suspend your driver's license. The burden of proof is lower than in a criminal trial. The DPS only needs to show that it's more likely than not (a preponderance of the evidence) that you were driving while intoxicated.

How to Prepare

Preparing for an ALR hearing requires careful attention to detail. Here's what you should do:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Kleberg County can represent you at the ALR hearing, present evidence on your behalf, and cross-examine the DPS's witnesses.
• Understand What You Can Challenge: Common challenges in ALR hearings include the legality of the initial traffic stop, the validity of the breath or blood test, and whether the officer properly administered the Standardized Field Sobriety Tests (SFSTs).

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: The judge agrees with the DPS and your license suspension remains in effect.
• Suspension Overturned: The judge finds that the DPS did not have sufficient grounds for the suspension, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license in Texas, which allows you to drive for essential purposes such as work, school, or medical appointments.

• Eligibility Requirements: You must meet certain requirements, including having a valid driver's license at the time of the arrest, not having any prior DUI convictions within the past 10 years, and installing an ignition interlock device (IID) on your vehicle.
• What You Can Drive For: An occupational license typically restricts you to driving for work, school, or essential household duties.
• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for a restricted license.
• IID Requirement: As noted above, an IID is generally required for an occupational license after a DUI conviction.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved and your suspension period has ended, you'll need to take steps to reinstate your driver's license.

• Reinstatement Requirements: This typically involves paying a reinstatement fee to the Texas DPS.
• Fees: Check the DPS website for the current reinstatement fee amount.
• 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.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes before your license can be reinstated.

Kleberg County DMV/DPS Offices

The Texas DPS office in Kingsville can assist with driver's license renewals, ID replacements, and other driver-related services:

• Driver License Office: 100 W King Ave, Ste 108, Kingsville, TX 78363
• Phone: 361-592-1911
• Notes: Appointment recommended.

Special Programs

• Ignition Interlock Device (IID) Program: If your license is suspended due to a DUI, you may be required to install an IID on your vehicle as a condition of reinstatement or to obtain an occupational license.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes even while your license is suspended.

Frequently Asked Questions

**Q: How much does it cost to get my car out of impound in Kleberg County after a DUI?*A: Expect to pay between $150-$250 for the base tow fee, plus $20 or more per day for storage at F&B Towing Service. Administrative fees may also apply.

**Q: Where do I request an ALR hearing in Kleberg County?*A: You don't request it in the county. You must send your ALR hearing request directly to the Texas DPS as instructed on the DIC-25 form you received at the time of your arrest.

**Q: What court handles DUI cases in Kleberg County?*A: Misdemeanor DUI cases are typically handled in the Kleberg County Court at Law, located at the Kleberg County Courthouse, 700 E. Kleberg Ave.