LaSalle County License Hearing Guide

LaSalle DUI License Suspension & ALR Hearing

A DUI arrest in LaSalle, Texas, can be a frightening and confusing experience. You're likely worried about potential jail time, fines, and the impact on your record. However, one of the most immediate concerns is often the potential loss of your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in the LaSalle County court and an administrative process related to your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and the vital ALR (Administrative License Revocation) hearing.

This guide provides essential information to help you navigate the ALR hearing process and understand your rights and options. Acting quickly is paramount.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in LaSalle County, your driver's license is at risk of suspension. To challenge this suspension, you must request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS) within 15 days of your arrest. This is a non-negotiable deadline. Missing this deadline results in an automatic suspension of your driver's license.

Where to Request: Texas Department of Public Safety (DPS)

How to Request:

• Online: The DPS website (www.dps.texas.gov) may offer an online portal for requesting ALR hearings. Check their website for the most up-to-date information.
• Phone: Contact the DPS Hearings Office. The specific phone number and instructions should be provided on the temporary driving permit you received at the time of your arrest. If not, consult the DPS website.
• Mail: Send a written request for an ALR hearing via certified mail, return receipt requested, to the DPS Hearings Office. The address will be on your temporary permit or available on the DPS website. Your request must include your name, date of birth, driver's license number, and the date of your arrest. Clearly state that you are requesting an ALR hearing related to your DUI arrest.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day timeframe, your driver's license will be automatically suspended. There is very little recourse once this deadline passes. This makes taking immediate action absolutely critical.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the result showed a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended if the ALR hearing doesn't overturn the suspension.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.
• Temporary permit valid until hearing or suspension begins: The temporary driving permit you received at the time of your arrest is usually valid for 40 days. This allows you time to request the ALR hearing and potentially drive until the hearing is held or the suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries even more severe consequences.

• Refusal penalty: Refusing a breath or blood test typically results in a 180-day license suspension for a first offense in Texas. This suspension is longer than the suspension for failing the test.
• Implied consent law in Texas: Texas, like most states, has an implied consent law. This law states that by operating a motor vehicle on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to testing can result in the automatic suspension mentioned above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the potential suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from criminal court: The ALR hearing is a civil administrative proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if license suspension is warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your driver's license based on your DUI arrest.
• 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 suspension is justified. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather evidence (witness statements, video, etc.): Collect any evidence that could support your case. This might include witness statements, dashcam footage (if available), or any documentation that contradicts the police report.
• Consider hiring a DUI attorney: A qualified DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the potential defenses. They can also cross-examine witnesses and present your case effectively.
• Understand what you can challenge: You can challenge several aspects of the DPS's case, including:
• Whether the police had reasonable suspicion to stop you.
• Whether the police had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding breath/blood testing.
• Whether the breath/blood test was administered correctly and the results are accurate.

Possible Outcomes

• Suspension upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension overturned: If you successfully challenge the DPS's case, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/hardship license granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even with a suspended license, you may be able to obtain a restricted license, also known as an Occupational License, to drive for essential purposes like work, school, or medical appointments.

• Eligibility requirements: Generally, you must demonstrate a need to drive for essential purposes and have completed certain requirements, such as attending a DUI education program. You cannot have had your license suspended for specific offenses within a certain timeframe.
• What you can drive for (work, school, medical): An occupational license typically restricts you to driving for work, school, essential household duties, or necessary medical treatment. The license will specify the times and locations you are permitted to drive.
• Costs and application process: The application process involves filing a petition with the court and obtaining a court order. There are associated court fees and legal fees if you hire an attorney.
• IID requirement: Depending on the circumstances of your case, 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

Once your suspension period is over and you've fulfilled all the requirements, you can reinstate your driver's license.

After Criminal Case Concludes

The outcome of your criminal DUI case can significantly impact your ability to reinstate your license. A conviction may lead to additional penalties and requirements.

• Reinstatement requirements: Typically, you'll need to pay a reinstatement fee to the DPS.
• Fees: The reinstatement fee varies but is usually a few hundred dollars.
• 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 conviction. This type of insurance is generally more expensive than standard auto insurance.
• Classes/programs that must be completed: You may be required to complete a DUI education program or other court-ordered classes.

LaSalle DMV Offices

Unfortunately, with a population of zero, LaSalle County does not have a dedicated DMV office within its borders. You will need to travel to a neighboring county to access DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest driver's license office and its hours of operation. Be sure to call ahead to confirm hours and services offered.

Special Programs

• Ignition interlock device program: As mentioned, an IID may be required for obtaining an occupational license or as a condition of probation in your criminal case. An IID is a device installed in your vehicle that requires you to blow into it before starting the car. If the device detects alcohol, the car will not start.
• Occupational license: As described above, this allows limited driving privileges for essential purposes during a suspension.
• Alcohol Education Program: This program is often required as part of a DUI sentence.

Disclaimer: This guide is intended for informational purposes only and should not be considered legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Laws and procedures are subject to change. This information is not a substitute for professional legal counsel.