Orange County License Hearing Guide

Orange DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Orange, Texas. This is a stressful and confusing time, but it's crucial to act quickly to protect your driving privileges. Your driver's license is at risk, and you only have a limited time to take action. This guide provides immediate, practical guidance on the administrative process related to your license suspension and the important ALR (Administrative License Revocation) hearing.

It's vital to understand that the process concerning your driver's license is separate from the criminal case against you. This guide focuses solely on the administrative side, which could result in a license suspension even if you're ultimately found not guilty in criminal court. Think of it as two distinct battles you must fight.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is a hard deadline, and missing it will result in an automatic suspension of your driver's license. Don't delay!

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

How to Request: You can request the hearing through one of the following methods:

• Online: Visit the Texas DPS website (www.dps.texas.gov – search for "ALR Hearing Request"). This is generally the fastest and most convenient method.
• Mail: Send a written request to the address provided on the Notice of Suspension you received at the time of your arrest. Important: Send it certified mail with return receipt requested so you have proof of timely submission.
• Phone: Call the Texas DPS at the number provided on your Notice of Suspension. While you can request the hearing by phone, it's highly recommended to follow up with a written confirmation sent via certified mail to ensure there's a record of your request.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. The suspension will begin 40 days after the date you received the Notice of Suspension. Missing this deadline severely limits your options and makes it significantly harder to regain your driving privileges.

Automatic License Suspension

Texas law mandates an automatic license suspension under certain circumstances related to a DUI arrest. 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 breath or blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended if you do not request an ALR hearing, or if the hearing upholds the suspension. The suspension period for a first offense is typically 90 days to 1 year.

• Temporary Permit: The Notice of Suspension you received after your arrest acts as a temporary driving permit. This permit is generally valid for 40 days from the date of your arrest, or until the date your suspension begins, whichever comes first. This temporary permit allows you to drive until your ALR hearing or the start of your suspension.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for a longer period. In Texas, the suspension period for a first-time refusal is 180 days to 2 years.

• Implied Consent Law in Texas: By driving on Texas roads, you've given your implied consent to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to testing can result in the automatic suspension described above, even if you are later acquitted of the DUI charge in criminal court.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is a separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not determine the outcome of your criminal case, and vice versa.

• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was sufficient evidence to justify your arrest and the subsequent request for a breath or blood test. The Administrative Law Judge (ALJ) will review the evidence presented to determine if the state met its burden of proof.

• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show that it's more likely than not that you were driving while intoxicated. This is a lower bar than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

• Gather Evidence: Start gathering any evidence that supports your case. This might include:

• Witness Statements: Statements from passengers or other witnesses who can attest to your sobriety.

• Video Evidence: Any dashcam footage, surveillance video, or cell phone recordings that might be relevant.

• Medical Records: If you have a medical condition that could have affected your performance on field sobriety tests, obtain relevant medical records.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A qualified DUI attorney in Orange, Texas can help you understand your rights, gather evidence, and present a strong defense. They can also represent you at the hearing, increasing your chances of a favorable outcome.

• Understand What You Can Challenge: There are several aspects of the DUI arrest that you can challenge at the ALR hearing, including:

• Probable Cause for the Stop: Did the officer have a legitimate reason to pull you over?

• Reasonable Suspicion for Testing: Did the officer have reasonable suspicion to believe you were intoxicated before requesting a breath or blood test?

• Proper Testing Procedures: Were the breath or blood tests administered correctly, and were the machines properly calibrated?

• Chain of Custody: Was the blood sample properly handled and stored to ensure its integrity?

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the state presented sufficient evidence, your license suspension will be upheld.

• Suspension Overturned: If the ALJ finds that the state did not meet its burden of proof, your license 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, allowing you to drive for essential purposes like work, school, or medical appointments.

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), which is a type of restricted license that allows you to drive for essential needs while your license is suspended.

• Eligibility Requirements: You must meet certain requirements to be eligible for an ODL, including:

• Having your license suspended for a DUI or other eligible offense.

• Demonstrating a need to drive for essential purposes.

• Not having any other active suspensions or revocations on your driving record.

• What You Can Drive For: An ODL typically allows you to drive for:

• Work

• School

• Essential household duties

• Medical appointments

• Costs and Application Process: The application process for an ODL involves filing a petition with the court and providing documentation to support your need to drive. There are also court fees and application fees associated with obtaining an ODL.

• 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

The process of reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to fulfill all requirements set by the court and the Texas DPS, which may include:

• Paying all fines and court costs.

• Completing any required alcohol education or treatment programs.

• Serving any jail time imposed by the court.

• Fees: You will need to pay a reinstatement fee to the Texas DPS to have your license restored.

• 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 DUI conviction.

• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete certain alcohol education or treatment programs as a condition of reinstatement. The court will advise on those programs.

Orange DMV Offices

Unfortunately, Orange, Texas does not have a dedicated DPS office. You may need to visit a DPS office in a neighboring city to handle certain license-related matters. Check the Texas DPS website (www.dps.texas.gov) for the nearest locations and hours of operation. You may also be able to conduct some transactions online.

Special Programs

• Ignition Interlock Device Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of obtaining an ODL or as part of your criminal sentence.

• Occupational License: The ODL, as discussed, allows limited driving privileges.

• Any State-Specific Programs: Texas does not currently offer any other specific programs tailored to DUI offenders beyond those listed above.

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Orange, Texas to discuss the specific circumstances of your case and protect your legal rights. Time is of the essence. Contact an attorney today.