Matagorda County License Hearing Guide

Matagorda DUI License Suspension & ALR Hearing: A Crucial Guide

Losing your driver's license after a DUI arrest in Matagorda, Texas can significantly impact your life. You need to understand the immediate steps to take to protect your driving privileges. This guide provides critical information about the Administrative License Revocation (ALR) process, separate from your criminal DUI case, and what you need to do now to potentially save your license. Understanding the difference between the administrative process and the criminal case is essential. The administrative process, handled by the Texas Department of Public Safety (DPS), deals specifically with your driving privileges. The criminal case, handled by the Matagorda County courts, deals with the criminal charges against you. This guide focuses on the administrative process and your license.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. Missing this deadline automatically suspends your driver's license. Don't delay!

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

How to Request:

• Online: The fastest and most reliable method is to request the hearing online through the Texas DPS website. Search for "Texas DPS ALR Hearing Request" on Google to find the official link. You will likely need your driver's license number and information from your DUI arrest paperwork.
• Phone: You can attempt to request a hearing by phone, but this method is less reliable. Call the Texas DPS at the number listed on your DUI paperwork or search the DPS website for the appropriate contact number. Be prepared for potential wait times.
• Mail: You can also request a hearing by mail, but this is the slowest option and carries the risk of the request not being received in time. If you choose this method, send a certified letter with return receipt requested to ensure proof of delivery. The address to send the request will be on your DUI paperwork, but you can also find it on the DPS website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There is very little recourse once this deadline has passed, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license might still be subject to automatic suspension pending the outcome of the hearing. The length of the suspension depends on whether you submitted to a breath or blood test and the results, or whether you refused testing altogether.

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. The length of the suspension can vary, but it is generally 90 days for a first offense.
• Temporary Permit: The officer may have issued you a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension begins. Check the expiration date on the permit carefully.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty than failing the test. In Texas, refusing testing typically results in a 180-day license suspension 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 can result in the administrative penalties described above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. It's a separate proceeding from your criminal DUI case, and it has its own rules and procedures.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative hearing conducted by the Texas DPS. It is completely separate from your criminal DUI case in Matagorda County. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient legal justification for your DUI arrest and the subsequent suspension of your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial. This means it's easier for the DPS to suspend your license than it is for the prosecution to convict you of DUI.

How to Prepare

• Gather Evidence: Start gathering any evidence that might support your case. This could include witness statements, video footage (e.g., dashcam or security camera footage), or any other information that challenges the basis of the arrest.
• Consider Hiring a DUI Attorney: An experienced Matagorda DUI attorney can represent you at the ALR hearing, gather evidence, cross-examine witnesses, and present legal arguments on your behalf. A lawyer can significantly increase your chances of winning the hearing and saving your license.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding breath or blood testing.
• The accuracy and reliability of the breath or blood test results.
• Whether you actually refused testing.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, the Administrative Law Judge (ALJ) will uphold the suspension of your driver's license.
• Suspension Overturned: If you successfully challenge the DPS's case, the ALJ will overturn the suspension, and your license will be reinstated (assuming there are no other reasons for suspension).
• 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

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a hardship license, in Texas.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate that you need to drive for essential purposes, such as work, school, or medical appointments. You must also prove that you have no other reasonable means of transportation.
• What You Can Drive For: An ODL typically restricts your driving to specific times, locations, and purposes. You will need to specify these details in your application.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, paying court fees, and providing documentation to support your need for driving privileges.
• 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 ODL.

Getting Your License Back

Getting your license back after a DUI suspension involves several steps, both after the ALR suspension period and after the conclusion of your criminal case.

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period ends, you must meet certain requirements to reinstate your driver's license.
• Fees: You will 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 after your conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete DUI education classes or community service as a condition of your probation or sentence. You must complete these requirements before you can reinstate your license.

Matagorda DMV Offices

Unfortunately, Matagorda County is a smaller, Tier 3 county. Finding a local DPS office can be challenging. Check the Texas DPS website for the nearest Driver License office. You may need to travel to a neighboring county. It's always best to call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As mentioned above, an occupational license allows you to drive for essential purposes during a license suspension.

This information is for guidance only and should not be considered legal advice. Contact a qualified Matagorda DUI attorney immediately to discuss your specific case and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical!