Leon County License Hearing Guide

Leon DUI License Suspension & ALR Hearing

A DUI arrest in Leon, Texas can trigger two separate legal battles: a criminal case in court and an administrative case that can suspend your driver's license. This guide focuses on the administrative side, specifically the process of license suspension and the Administrative License Revocation (ALR) hearing. It's crucial to understand these processes and deadlines to protect your driving privileges. Don't delay – time is of the essence!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Leon County, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means your license will automatically be suspended.

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 three ways:

• Online: Visit the Texas DPS website (www.dps.texas.gov – check for the most current official website, as URLs can change). Look for the section on "Driver License Enforcement" or "ALR Hearings." Follow the online instructions to submit your request. This is often the fastest and most efficient method.

• Phone: Call the Texas DPS Driver License Division. The specific number for ALR hearing requests can be found on the DPS website. Be prepared to provide your driver's license number, date of birth, and other relevant information. Document the date and time of your call, and the name of the DPS representative you spoke with.

• Mail: Send a written request for an ALR hearing to the Texas DPS. Include your full name, driver's license number, date of birth, mailing address, and a clear statement that you are requesting an ALR hearing related to your recent DUI arrest in Leon County, Texas. Send the request via certified mail with return receipt requested to ensure proof of delivery. Find the correct mailing address for ALR hearing requests on the DPS website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your Texas driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly. Missing this deadline severely limits your options.

Automatic License Suspension

A DUI arrest in Texas triggers an automatic license suspension process separate from the criminal court case. The length of the suspension depends on whether you took a breath or blood test and, if so, the results.

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. While the exact suspension period can vary slightly depending on specific circumstances, expect a suspension period of approximately 90 days to 1 year for a first offense.

• Temporary Permit: After your arrest, the officer should have provided you with a temporary driving permit. This permit is valid until your ALR hearing or until the suspension officially begins. This gives you a short window to drive legally while you navigate the ALR process.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. If you refused testing, your license will likely be suspended for a period of approximately 180 days to 2 years for a first offense.

• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in the longer suspension mentioned above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding conducted by the Texas DPS. It is completely separate from your criminal case. The purpose of the hearing is to determine whether there was sufficient legal justification to suspend your driver's license based on your DUI arrest.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that there was probable cause for the arrest and that you either failed a breath/blood test or refused to take one.

How to Prepare

Preparing for your ALR hearing is crucial if you want to avoid a license suspension. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, videos, or photos. For example, if you believe the police officer did not have probable cause to stop you, gather information about the circumstances of the stop.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Leon County can be invaluable. They understand the ALR process, can represent you at the hearing, and can argue on your behalf to protect your driving privileges. They can also help you gather evidence and prepare your case.

• Understand What You Can Challenge: You can challenge various aspects of the arrest and the evidence against you. Common challenges include:

• Lack of probable cause for the initial traffic stop.

• Improper administration of the breath or blood test.

• Failure to properly advise you of your rights.

• Issues with the breathalyzer machine or the blood testing procedures.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If the DPS fails to prove its case, the suspension will be overturned, and your license 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.

Hardship/Restricted License in Texas

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

• Eligibility Requirements: To be eligible for an occupational license, you must generally demonstrate that you need to drive for work, school, or essential medical appointments. You will need to provide proof of this need to the court.

• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as getting to and from work, attending school, or receiving medical treatment. The license will specify the times and locations where you are permitted to drive.

• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing supporting documentation. There are court costs and fees associated with the application. You may also need to obtain SR-22 insurance (see below).

• IID Requirement: Depending on the circumstances of your DUI arrest and the court's decision, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license. An IID requires you to blow into a device to test your BAC before starting your vehicle.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved (whether through a plea agreement or a trial), you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the Texas DPS, completing any required alcohol education programs, and meeting any other conditions imposed by the court or the DPS.

• Fees: The reinstatement fee varies, so check the Texas DPS website for the current fee schedule.

• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. You will need to maintain SR-22 insurance for a specific period, typically several years.

• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education classes or other programs as part of your sentence. You will need to provide proof of completion to the DPS to reinstate your license.

Leon DMV Offices

Unfortunately, Leon County is very small and does not have a dedicated DPS office. The nearest DPS offices are located in neighboring counties. Please contact the DPS to confirm locations and hours before visiting.

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Please note: It is highly recommended to check the Texas Department of Public Safety website (www.dps.texas.gov) or call the DPS directly for the most up-to-date information on office locations and hours, as this information can change.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has a statewide IID program that allows individuals convicted of DUI to continue driving with an IID installed in their vehicle. This program may be available as part of a plea agreement or as a condition of probation.

• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes even while your license is suspended.

• [Check for Any Other State-Specific Programs - Research Needed]

This guide provides general information about DUI license suspensions and ALR hearings in Leon, Texas. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with an experienced DUI attorney as soon as possible to protect your rights and driving privileges. Remember, the 15-day deadline to request an ALR hearing is critical! Act now to protect your license.