Lee County License Hearing Guide

Lee County DUI License Suspension & ALR Hearing

**(dui.guide - Your Guide to Navigating a DUI in Lee, Texas)*A DUI arrest in Lee County, Texas, triggers two separate legal processes: a criminal case in the Lee County Criminal Court and an administrative license suspension handled by the Texas Department of Public Safety (DPS). While the criminal case determines your guilt or innocence and potential jail time or fines, the administrative process focuses solely on your driving privileges. This guide explains the administrative license suspension process and the steps you can take to protect your ability to drive.

Your License After a DUI Arrest in Lee County

It's crucial to understand that your driving privileges are at risk immediately following a DUI arrest. The Texas DPS can suspend your license regardless of the outcome of your criminal case. This suspension is triggered by either failing a breath or blood test (BAC of 0.08 or higher) or refusing to submit to testing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Lee County, 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 suspension of your driver's license. Missing this deadline results in an automatic license suspension.

• Where to Request: You must request the hearing from the Texas Department of Public Safety (DPS).
• How to Request: While specific online resources were unavailable, you can try contacting the Texas DPS using the information below. You should also consult with your attorney immediately.

The Texas Department of Public Safety - Crime Division is located at Guadalupe St, Austin, TX 78752 and can be contacted at (512) 424-2000.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will automatically be suspended. The length of the suspension depends on whether you failed or refused a breath or blood test, as well as any prior alcohol-related offenses.

Automatic License Suspension

The Texas Transportation Code outlines the circumstances under which your license will be automatically suspended following a DUI arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you submitted to a breath or blood test and your BAC was 0.08 or higher, the Texas DPS will suspend your license. While specific suspension durations may vary, a first-time offense typically results in a suspension of 90 days to 1 year.
• Temporary Permit: Upon arrest, you may have been issued a temporary driving permit. This permit is valid for a limited time, typically until your ALR hearing or the effective date of the suspension, whichever comes first.

If You Refused Testing

• Refusal Suspension: Refusing to submit to a breath or blood test carries a longer suspension than failing the test. Under Texas's implied consent law, TX law §724.011, refusing to provide a specimen typically results in a license suspension of 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to do so carries significant penalties, including license suspension.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge your license suspension. It is a separate proceeding from your criminal case and is conducted by an administrative law judge.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding, not a criminal trial. The outcome of the ALR hearing does not directly impact the criminal charges against you, although evidence presented at the hearing may be relevant to your criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show by a preponderance of the evidence (meaning more likely than not) that the suspension is warranted.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of success.

• Gather Evidence: Gather any evidence that supports your case, such as witness statements, video footage (if available), and any documentation that challenges the accuracy of the breath or blood test results.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence on your behalf, cross-examine witnesses, and argue legal issues.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the DPS's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding breath or blood testing.
• Whether the breath or blood test results were accurate and reliable.

Possible Outcomes

The administrative law judge will issue a decision after the ALR hearing. Possible outcomes include:

• Suspension Upheld: If the judge finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the judge finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be reinstated.
• 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 such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license or essential need license, which allows you to drive for limited purposes.

• Eligibility Requirements: To be eligible for an occupational license in Texas, you must typically meet the following requirements:
• Your license must be suspended for a reason other than medical or mental disability.
• You must need to drive for essential purposes, such as work, school, or medical appointments.
• You must not have any other active suspensions or revocations on your driving record.
• What You Can Drive For: An occupational license typically allows you to drive for:
• Work-related activities.
• School attendance.
• Essential household duties.
• Medical appointments.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are also court costs and application fees associated with obtaining an occupational license.
• 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 an occupational license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance (if required).
• Completing any required alcohol education programs.
• Fees: The reinstatement fee varies depending on the reason for the suspension.
• SR-22 Insurance Requirement: If you are required to obtain SR-22 insurance, you must maintain this coverage for a specified period, typically three years.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other alcohol-related classes as a condition of reinstatement.

Lee County DMV Offices

While direct DMV locations within Lee County are not listed, here are the nearby Department of Public Safety locations to contact about your license:

• Texas Department of Public Safety - Crime Division Address: Guadalupe St, Austin, TX 78752 Phone: (512) 424-2000
• Texas Department of Public Safety Address: Welcome Center, T.J. Mills Blvd Building 69005, Fort Hood, TX 76544 Phone: (254) 532-9786 Hours: {'day': 'Monday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Tuesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Wednesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Thursday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Friday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Saturday', 'hours': 'Closed'}; {'day': 'Sunday', 'hours': 'Closed'}
• Texas Department of Public Safety Regulatory Services Division Address: Building I, 5806 Guadalupe St, Austin, TX 78752 Phone: (512) 424-7293 Hours: {'day': 'Monday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Tuesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Wednesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Thursday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Friday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Saturday', 'hours': 'Closed'}; {'day': 'Sunday', 'hours': 'Closed'}
• Texas Department of Motor Vehicles Address: 4000 Jackson Ave, Austin, TX 78731 Phone: (512) 465-3000 Hours: {'day': 'Monday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Tuesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Wednesday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Thursday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Friday', 'hours': '8\u202fAM to 5\u202fPM'}; {'day': 'Saturday', 'hours': 'Closed'}; {'day': 'Sunday', 'hours': 'Closed'}

Special Programs

• Ignition Interlock Device Program: Texas law requires the installation of an IID for repeat offenders and those with a high BAC. This device prevents the vehicle from starting if alcohol is detected on your breath.
• Occupational License: As discussed earlier, an occupational license allows you to drive for essential purposes during your suspension.

A DUI arrest and the subsequent license suspension can have a significant impact on your life. Understanding the ALR hearing process and taking proactive steps to protect your driving privileges is crucial. Contact a qualified DUI attorney in Lee County as soon as possible to discuss your options and navigate the legal process.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Lee County? A: You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Texas DPS.

Q: Where will my ALR hearing be held? A: The ALR hearing will not be held in the Lee County courthouse. It will be held at a Texas DPS office. Contact the Texas DPS to confirm the exact location.

Q: Can I get a hardship license if my license is suspended for refusing a breath test in Lee County? A: Yes, it may be possible to obtain an occupational license even if your license is suspended for refusing a breath test, but the requirements and restrictions may be different. Consult with an attorney.