Mason County License Hearing Guide

Mason DUI License Suspension & ALR Hearing: Fight to Keep Your Driving Privileges

Were you just arrested for DUI in Mason, Texas? You're likely feeling overwhelmed and uncertain about the future. One of the most immediate concerns is the potential suspension of your driver's license. It's crucial to understand that there are two separate legal processes involved in a DUI case: the criminal case and the administrative license revocation (ALR) process. This guide focuses on the ALR process and how to fight to keep your license.

Think of it this way: The criminal case deals with whether you are guilty of driving under the influence. The ALR process, on the other hand, is an administrative procedure handled by the Texas Department of Public Safety (DPS) that determines whether your driving privileges should be suspended regardless of the outcome of your criminal case.

This guide will walk you through the steps you need to take immediately to protect your driving privileges in Mason County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the MOST IMPORTANT piece of information in this guide. You have only 15 days from the date of your DUI arrest to request an ALR hearing. If you miss this deadline, your license will automatically be suspended.

Where to Request the Hearing:

You need to request the hearing through the Texas Department of Public Safety (DPS).

How to Request the Hearing:

You can request the hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search for "ALR Hearing Request Texas DPS"). This is often the fastest and most efficient method.
• Phone: Call the Texas DPS at the relevant number (search for "Texas DPS ALR Hearing Phone Number"). Be prepared for potential wait times.
• Mail: Send a written request to the Texas DPS address designated for ALR hearing requests (search for "Texas DPS ALR Hearing Address"). This is the least recommended method due to potential delays.

Your request MUST include:

• Your full name
• Your date of birth
• Your driver's license number
• Your mailing address
• The date of your arrest
• The arresting agency (e.g., Mason County Sheriff's Office)
• 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. This suspension will begin 40 days after the date of your arrest. Do not let this happen! Take action today.

Automatic License Suspension

Even if you request a hearing, your license may still be subject to an automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended.

• BAC over 0.08: If your BAC was over 0.08, the suspension period is typically 90 days for a first offense.
• Temporary Permit: The temporary permit you received at the time of your arrest is usually valid until the ALR hearing is held or until the suspension begins (40 days after your arrest if no hearing is requested).

If You Refused Testing

Refusing to submit to a breath or blood test carries even harsher penalties in Texas.

• Refusal Penalty: The suspension period for refusing to take a breath or blood test is typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding, distinct from your criminal DUI case. Its sole purpose is to determine whether the DPS had sufficient legal grounds to suspend your driver's license.

• Separate from Criminal Court: Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence and determine if the DPS proved its case.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or medical records.
• Consider Hiring a DUI Attorney: A skilled DUI attorney can represent you at the hearing, present evidence on your behalf, cross-examine witnesses, and argue your case to the hearing officer. This is highly recommended.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered properly.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The hearing officer agrees with the DPS and upholds the license suspension.
• Suspension Overturned: The hearing officer rules in your favor, and your license suspension is lifted.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Texas (Occupational License)

If your license is suspended, you may be eligible for an occupational license, also known as a hardship license. This allows you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential household duties. You must also not have any other active suspensions or revocations.
• What You Can Drive For: Typically, an occupational license allows you to drive to and from work, school, medical appointments, and essential household errands. The hours you can drive are often restricted.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and obtaining a court order. There are associated court fees and legal costs.
• IID Requirement: Depending on the circumstances of your DUI and your prior record, 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

Even if your license is suspended, you can eventually get it reinstated.

After Criminal Case Concludes

Your ability to reinstate your license will depend on the outcome of your criminal case.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies depending on the type of suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time.
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or community service as part of your sentence.

Mason DMV/DPS Offices

Unfortunately, because Mason is a small town, there is no dedicated DPS office located directly within the city. The closest DPS offices are:

• Llano Driver License Office: 200 E Young St, Llano, TX 78643 (Approximately 45 minutes from Mason)
• Fredericksburg Driver License Office: 102 E Main St, Fredericksburg, TX 78624 (Approximately 1 hour from Mason)

It is highly recommended to call the DPS office before visiting to confirm hours and services offered. Contact information can be found on the Texas DPS website.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with a suspended license to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: As described above, this allows driving for essential purposes.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Time is of the essence. Contact an attorney immediately to protect your rights and fight for your driving privileges.