Lee County License Hearing Guide

Lee DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Lee, Texas)

Being arrested for a DUI in Lee County, Texas, can be a frightening experience. Beyond the criminal charges, you're also facing a separate administrative process that could result in the suspension of your driver's license. It's crucial to understand the distinction between these two processes and, more importantly, the tight deadlines you're up against. This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in Lee County. Remember, the information provided here is for informational purposes only and doesn't constitute legal advice. Consult with a qualified Texas DUI attorney immediately.

Your License After a DUI Arrest in Lee

After a DUI arrest in Lee County, you're dealing with two separate but related legal battles:

• Criminal Case: This is the case that goes through the Lee County courts, where you face potential jail time, fines, and other penalties.
• Administrative License Revocation (ALR) Case: This is a completely separate process handled by the Texas Department of Public Safety (DPS). It determines whether your driver's license will be suspended. Even if you're found not guilty in the criminal case, your license can still be suspended through the ALR process.

The ALR process is often faster and requires immediate action. This guide focuses specifically on the ALR process and how to navigate the potential suspension of your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information: You have only 15 days from the date of your arrest to request an ALR hearing. This deadline is strict and unforgiving. Missing it will result in an automatic suspension of your driver's license.

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

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

• Online: The DPS website (www.dps.texas.gov) typically has a section for ALR hearing requests. Look for terms like "ALR Hearing Request," "Driver License Hearing," or "DUI License Suspension."

• Phone: Contact the DPS directly. You can find the relevant phone number on the DPS website or in the information provided to you at the time of your arrest. Keep a record of the date and time of your call, and the name of the person you spoke with.

• Mail: You can send a written request for a hearing to the DPS. Ensure the letter includes your full name, driver's license number, date of birth, date of arrest, the county where you were arrested (Lee County), and a clear statement that you are requesting an ALR hearing. Send the letter via certified mail with return receipt requested to ensure proof of delivery. Address information can be found on the DPS website.

• 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, and you will lose the opportunity to challenge the suspension at an ALR hearing. The suspension will begin 40 days after the date of your arrest.

ACT NOW! Don't delay requesting your ALR hearing. The 15-day deadline is non-negotiable.

Automatic License Suspension

The reason you need to request a hearing so quickly is that the DPS is preparing to automatically suspend your license. The grounds for this suspension depend on whether you took a breath or blood test and the results, 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 for 90 days.
• Temporary Permit: The officer who arrested you likely issued a temporary driving permit. This permit is typically valid for 40 days, giving you time to request a hearing and potentially prevent the suspension from taking effect. If you request a hearing, the temporary permit remains valid until the hearing is held and a decision is made.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a significantly longer license suspension. In Texas, a first-time refusal typically results in a 180-day suspension.
• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This means that by driving on Texas roads, you've implicitly agreed to submit to a chemical test if lawfully arrested for DUI. Refusing to take the test can lead to the longer suspension, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is completely separate from your criminal case. The outcome of one does not automatically determine the outcome of the other.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• 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 "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that could support your case. This might include:
• Witness statements: If anyone witnessed the events leading to your arrest, their statements could be helpful.
• Video footage: If there's any video footage of the traffic stop or your interaction with the officers, obtain a copy.
• Medical records: If you have any medical conditions that could have affected your performance on field sobriety tests, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you:
• Understand your rights
• Gather and present evidence
• Cross-examine witnesses
• Argue your case effectively
• Understand What You Can Challenge: You can challenge various 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 properly advised of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer determines that the DPS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer determines that the DPS has not met its burden of proof, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

A hardship license, also known as an occupational license, allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:
• Having a valid driver's license at the time of the arrest.
• Demonstrating a need to drive for work, school, or essential household duties.
• Not having a previous DUI conviction within the past five years.
• What You Can Drive For: An occupational license typically allows you to drive to and from work, school, and essential medical appointments. It may also allow you to drive for essential household duties, such as grocery shopping.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and obtaining a court order. There are associated court costs and attorney fees, if you choose to hire an attorney.
• IID Requirement: In some cases, the court may require you 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 driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you'll typically need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education or treatment programs.
• Fees: The reinstatement fee varies. Contact the DPS for the current fee amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS. It proves that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case, you may be required to complete an alcohol education program or a substance abuse treatment program.

Lee DMV/DPS Offices

Unfortunately, specific DPS office information for Lee County is unavailable at this time. However, you can find the most up-to-date information, including addresses and hours of operation, on the Texas Department of Public Safety (DPS) website: www.dps.texas.gov. You may need to search for nearby DPS offices in surrounding counties.

Special Programs

• Ignition Interlock Device (IID) Program: This program requires you to install a device in your vehicle that prevents it from starting if it detects alcohol on your breath.
• Occupational License: As discussed above, this allows you to drive for essential purposes during your suspension.
• Check the Texas DPS website (www.dps.texas.gov) for any other state-specific programs available to DUI offenders.

Disclaimer: This guide provides general information only and does not constitute legal advice. You should consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Time is of the essence! Request your ALR hearing immediately.