Lavaca County License Hearing Guide

Lavaca DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI in Lavaca, Texas can be a frightening experience. Besides the criminal charges you face, you're also dealing with the potential loss of your driver's license. Understanding the process and acting quickly is crucial. This guide will walk you through the administrative license revocation (ALR) process, explain how to potentially save your license, and outline what to expect in the days and weeks following your DUI arrest in Lavaca County.

It's important to understand that there are two separate legal processes stemming from your DUI arrest:

• Criminal Case: This deals with the criminal charges against you, such as driving under the influence. This is handled in the Lavaca County court system.
• Administrative License Revocation (ALR) Case: This deals specifically with your driver's license and whether it will be suspended. This is handled by the Texas Department of Public Safety (DPS).

This guide focuses on the ALR process and what you need to do to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline means your license will be automatically suspended.

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

How to Request: You can request the hearing in one of three ways:

• Online: The fastest and often easiest way is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" option.
• Phone: You can call the Texas DPS at their designated ALR hearing request number. (Check the Texas DPS website for the most current number.)
• Mail: You can send a written request by certified mail to the Texas DPS address designated for ALR hearing requests. (Again, confirm the address on the DPS website to ensure accuracy).

What to Include in Your Request (if mailing):

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

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't risk it – file your request immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reason for the suspension and the length of the suspension depend on whether you took a breath or blood test and, if so, what the results were.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test results showed a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically 90 days.

• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is typically valid for 40 days, giving you time to request the ALR hearing and potentially drive until the hearing date or the start of your suspension (whichever comes first).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test in Texas carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for 180 days.

• Implied Consent Law in Texas: Texas has an "implied consent" law, meaning that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusal to do so results in an automatic license suspension, regardless of whether you are ultimately convicted of the DUI.

The ALR/Administrative Hearing

The 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 automatically 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 evidence to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to show "probable cause" to believe you were driving under the influence. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case. This might include:
• Witness statements (if anyone was with you)
• Video footage (if available from dashcams or nearby businesses)
• Medical records (if you have a medical condition that could have affected the breath test results)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Lavaca County can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal process, can gather evidence, and can present your case effectively.
• 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 properly administered the breath or blood test.
• Whether you were actually intoxicated.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient evidence, your license 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 (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license in Texas. This allows you to drive for essential purposes, such as:

• Work: Driving to and from work.
• School: Driving to and from school or job training.
• Essential Household Duties: Driving to the grocery store, doctor's appointments, or other essential activities.

Eligibility Requirements:

• You must have a valid driver's license at the time of the arrest (even if it's now suspended).
• You must not have any other active suspensions or revocations on your driving record.
• You must prove a need for driving to maintain employment or perform essential household duties.

Costs and Application Process:

• You will need to file a petition with the court in Lavaca County.
• You will need to provide documentation supporting your need for driving privileges.
• There are court fees associated with filing the petition.

IID Requirement:

• Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to pay a reinstatement fee to the Texas DPS.
• Fees: The amount of the reinstatement fee varies. Check the Texas DPS website for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time after your license is reinstated.
• Classes/Programs that Must be Completed: You may be required to complete a DUI education program or alcohol awareness class as part of your criminal sentence.

Lavaca DMV Offices

Unfortunately, Lavaca County itself does not have a full-service DPS office. You will likely need to travel to a neighboring county for certain DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest locations and hours of operation. You can also find information on online services that may be available.

Special Programs

• Ignition Interlock Device Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of probation or obtaining a restricted license.
• Occupational License: This is the formal name for the restricted license discussed above.
• DUI Education Program: This is a court-ordered program that provides education about the dangers of driving under the influence.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Lavaca, Texas. It is not intended as legal advice. You should consult with a qualified DUI attorney to discuss your specific situation and legal options. Acting quickly and understanding your rights are crucial to protecting your driving privileges after a DUI arrest in Lavaca County.