Lampasas County License Hearing Guide

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

A DUI arrest in Lampasas, Texas can be a terrifying and confusing experience. Beyond the criminal charges, you're facing a separate administrative process that can lead to the suspension of your driver's license. This guide is designed to provide immediate, practical information about the license suspension process and the Administrative License Revocation (ALR) hearing in Lampasas County. Understanding your rights and acting quickly is crucial to protecting your ability to drive.

It's important to understand that the administrative process regarding your license is separate from the criminal case. Even if the criminal charges are dropped, you can still lose your license through the ALR process. This guide focuses solely on the administrative side.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

Following your DUI arrest, the clock is ticking. 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 potential suspension of your driver's license. Missing this deadline results in an automatic suspension.

Where to Request the Hearing:

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

How to Request the Hearing:

You can request the hearing through one of the following methods:

• Online: Visit the Texas DPS website (https://www.dps.texas.gov/). Look for the section on driver's license suspension hearings or ALR hearings.
• Mail: Send a written request to the Texas DPS address specified on the DIC-24 form (Notice of Suspension) you received from the arresting officer. It is crucial to send this certified mail with return receipt requested to ensure proof of timely submission.
• Fax: Fax a written request to the fax number specified on the DIC-24 form. Keep the fax confirmation as proof of submission.

Your request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The county where you were arrested (Lampasas County)
• A clear statement requesting an ALR hearing

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 limited exceptions to this rule, so it is paramount to act quickly. Don't delay!

Automatic License Suspension

The grounds for an automatic license suspension after a DUI arrest in Texas depend on whether you submitted to a breath or blood test and the results of that test, 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 length of the suspension depends on your prior driving record, but a first offense typically results in a suspension of 90 days to 1 year.

• Temporary Permit: The arresting officer should have provided you with a temporary driving permit. This permit is valid until the date of your ALR hearing (if you requested one) or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing a test. In Texas, a first-time refusal results in a license suspension of 180 days. Subsequent refusals can lead to suspensions of up to two years.

• 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 suspicion of driving under the influence. Refusal to comply with this law triggers the automatic suspension.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, this hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal charges.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS has sufficient evidence to suspend 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 is more likely than not that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

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

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or security camera footage
• Medical records (if applicable)
• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They understand the legal complexities of the ALR process and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly advised of your rights (including your right to refuse testing).
• The accuracy and reliability of the breath or blood test results.
• Whether you were actually operating a motor vehicle.

Possible Outcomes

The ALR hearing can result in one of three possible outcomes:

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted (Unlikely at ALR): In some limited circumstances, the hearing officer may grant a restricted or hardship license. However, this is typically handled separately after a suspension has begun, and not typically granted at the ALR hearing itself.

Hardship/Restricted License in Texas

While not generally obtainable at the ALR hearing, it's important to understand the possibility of a restricted or occupational license after a suspension period has begun.

• Eligibility Requirements: Generally, you must demonstrate 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 only for the purposes stated in your application.
• Costs and Application Process: The application process involves filing a petition with the court and paying associated fees. You will need to provide documentation supporting your need to drive.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Even if your license is suspended, there is a path to reinstatement.

After Criminal Case Concludes

Reinstatement typically cannot begin until after the conclusion of both the ALR process and the criminal case.

• Reinstatement Requirements: To reinstate your license after a suspension, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required alcohol education classes or programs.
• Fees: The reinstatement fee varies. Check the Texas DPS website for the current fee schedule.
• SR-22 Insurance Requirement: You will likely be required to maintain SR-22 insurance for a period of time, typically two to three years, after your suspension ends.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI Education Program or a DWI Intervention Program, depending on the specifics of your case.

Lampasas DMV/DPS Offices

Unfortunately, there are no DPS offices located directly within Lampasas. The nearest DPS offices are likely in neighboring counties. You will need to check the Texas DPS website (https://www.dps.texas.gov/) for the most up-to-date locations, addresses, and hours of operation for offices near Lampasas.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of obtaining an occupational license or as part of your criminal sentence.
• Occupational License: This allows you to drive for essential purposes during your suspension.
• Texas DWI Education Program: A mandatory 12-hour course for first-time DWI offenders.
• Texas DWI Intervention Program: A more intensive program for repeat offenders or those with high BAC levels.

This guide provides a general overview of the DUI license suspension process in Lampasas, Texas. Because every case is unique, it is strongly recommended that you consult with a qualified DUI attorney to discuss your specific situation and understand your legal options. Don't delay – the 15-day deadline to request an ALR hearing is rapidly approaching!