Llano County License Hearing Guide

Llano DUI License Suspension & ALR Hearing

Your life just took an unexpected turn. Being arrested for a DUI in Llano, Texas, is a serious situation, and one of the first things you’re likely worried about is your driver's license. This guide is designed to provide you with the immediate, practical information you need to understand the license suspension process and your rights. It's important to understand that a DUI case involves two separate but related processes: the criminal case in court and an administrative process handled by the Texas Department of Public Safety (DPS) concerning your driver's license. This guide focuses on the administrative side and what you need to do right now to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This deadline is non-negotiable. Missing it results in an automatic suspension of your driver's license. Don't delay.

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

How to Request:

• Online: The fastest way to request a hearing is online through the Texas DPS website. Look for the section on ALR hearings.
• Mail: You can request a hearing by mailing a written request to the address provided on the DIC-25 (Notice of Suspension) form you received at the time of your arrest. If you don't have the form, you can obtain the address from the Texas DPS website. Make sure to send it via certified mail with return receipt requested so you have proof of timely submission.
• Phone: While technically possible, requesting by phone is generally discouraged because there's no paper trail. If you choose to call, document the date, time, and the name of the person you spoke with.

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 limited exceptions to this rule, so acting quickly is crucial. Don’t assume you can get an extension – plan to act immediately.

Automatic License Suspension

Even if you request a hearing, an automatic license suspension period will begin if you either failed or refused a breath or blood test. The length of the suspension depends on whether you took the test and your blood alcohol concentration (BAC) or if you refused to take the test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, your license will be suspended. The length of the suspension for a first offense varies, but you can expect a suspension period of at least 90 days and potentially up to a year. The specifics will be outlined in the paperwork you received at the time of your arrest.
• Temporary Permit Valid Until Hearing or Suspension Begins: The DIC-25 form you received likely acts as a temporary driving permit. This permit is valid until your ALR hearing, or if you don't request a hearing, until the suspension period begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, refusing a breath or blood test for a first offense DUI can result in a license suspension of 180 days.
• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This means that by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for suspicion of driving under the influence. Refusal to submit to testing can lead to administrative penalties even if you're not ultimately convicted of the DUI itself.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to fight the suspension of your driver's license. Understanding what it is and how to prepare is vital.

What It Is

• Separate from Criminal Court: This is not the same as your DUI criminal case. The ALR hearing is an administrative proceeding conducted by the Texas DPS.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether there was probable cause for your arrest and whether your BAC was over the legal limit or if you refused to submit to testing.
• Lower Burden of Proof than Criminal Trial: The standard of proof at an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence" (more likely than not) to suspend your license, whereas in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): If you have any evidence that supports your case, such as witness statements or video footage, gather it and bring it to the hearing.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They can significantly improve your chances of winning the hearing.
• Understand What You Can Challenge: Common challenges include:
• Lack of probable cause for the initial traffic stop.
• Improper administration of the breath or blood test.
• Lack of a valid reason for the officer to request a breath or blood test.
• Defects in the testing equipment.

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 evidence, 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.

Hardship/Restricted License in Texas

A hardship or restricted license allows you to drive under specific circumstances, such as for work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: To be eligible for a hardship license in Texas, you typically need to demonstrate that the suspension is causing you undue hardship and that you need to drive to maintain employment, attend school, or receive essential medical treatment.
• What You Can Drive For (Work, School, Medical): A hardship license will specify the purposes for which you are allowed to drive.
• Costs and Application Process: The application process involves filing a petition with the court and paying a fee.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of receiving a hardship license.

Getting Your License Back

Getting your license back after a DUI suspension involves several steps, both after the ALR process and after the criminal case concludes.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over, you'll need to meet certain requirements to reinstate your license.
• Fees: You'll likely need to pay a reinstatement fee to the Texas DPS.
• 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.
• Classes/Programs that Must be Completed: Depending on the specifics of your case, you may be required to complete a DUI education program or other court-ordered classes.

Llano DMV Offices

Unfortunately, there isn't a full-service DPS office directly in Llano. You will likely need to visit a nearby office. Be sure to confirm hours and services offered before visiting. Here are some options, but verify information online before visiting:

• Burnet Driver License Office (This is likely your closest option)

• Address: [Check Texas DPS website for current address]

• Hours: [Check Texas DPS website for current hours]

• Other Nearby DPS Offices: Search the Texas DPS website for offices in neighboring towns like Marble Falls or Kingsland.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, an IID may be required for a hardship license or as part of your criminal sentence. This device requires you to blow into it before starting your vehicle to ensure your BAC is below the legal limit.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for essential purposes related to your occupation.
• Alcohol Education Program: These programs are designed to educate individuals about the dangers of alcohol abuse and impaired driving. Completing such a program may be a condition of your probation or license reinstatement.

This guide provides general information and should not be considered legal advice. It is highly recommended that you consult with a qualified Llano, Texas DUI attorney to discuss the specific facts of your case and protect your rights. Time is of the essence, so act quickly to protect your driving privileges.