Presidio County License Hearing Guide

Presidio County DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Presidio, Texas? Your driver's license is at risk. This guide provides immediate, practical information about license suspension after a DUI arrest in Presidio County and how to fight it. **Act fast – deadlines are critical!*## Your License After a DUI Arrest in Presidio County

A DUI arrest triggers two separate legal processes: a criminal case and an administrative case. The criminal case deals with the criminal charges against you, handled in court. The administrative case, however, focuses solely on your driving privileges and is handled by the Texas Department of Public Safety (DPS) through the Administrative License Revocation (ALR) process. This means your license can be suspended even if you are ultimately found not guilty in criminal court. This guide focuses on the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is a crucial deadline. Missing it means your license will automatically be suspended.

Where to Request: The request must be submitted to the Texas Department of Public Safety (DPS).

How to Request: You can request an ALR hearing through the following methods:

• Online: The fastest and recommended method. Visit the Texas DPS website and search for "ALR Hearing Request." You will likely need your driver's license number, date of birth, and the date of your arrest.
• Mail: Send a written request to the address specified on the temporary driving permit you received at the time of your arrest. Include your full name, driver's license number, date of birth, the date of your arrest, and a clear statement requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove your request was submitted on time.
• Phone: While not the preferred method, you may be able to initiate the process by calling the Texas DPS. Find the relevant contact number on the DPS website. However, be aware that a written or online request is generally required to finalize the request.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended. You will receive a notice of suspension from the Texas DPS. This suspension will begin 40 days after the date of your arrest. Don't let this happen! **Act now!*## Automatic License Suspension

Even if you request an ALR hearing, your license will be automatically suspended pending the outcome of that hearing. The length of the suspension depends on whether you took a breath/blood test and whether you failed it or refused to take it.

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 for 90 days for a first offense.

• Temporary Permit: The temporary driving permit you received at the time of your arrest is typically valid for 40 days. This permit allows you to drive until your ALR hearing or until the suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty. If you refused testing, your license will be suspended for 180 days for a first offense.

• 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 DUI. Refusal to submit to testing can lead to automatic license suspension, regardless of the outcome of the criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative process from your criminal DUI case. It is conducted by the Texas DPS and focuses solely on whether your driver's license should be suspended. The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that it is more likely than not that you were driving while intoxicated.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of retaining your driving privileges. Here's how to prepare:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (if available), photographs, or any documentation that challenges the basis of the DUI arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal complexities, can gather and present evidence effectively, cross-examine witnesses, and argue on your behalf. While this guide provides information, it's not a substitute for legal representation.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest at the ALR hearing, including:
• Probable Cause for the Stop: Argue that the police officer lacked a valid reason to stop your vehicle in the first place.
• Administration of Field Sobriety Tests: Challenge the accuracy and reliability of the field sobriety tests and whether they were administered correctly.
• Breath or Blood Test Results: Question the accuracy and validity of the breath or blood test results, including the calibration of the equipment and the procedures followed.
• Refusal to Take Test: If you refused the test, you can argue that you were not properly informed of the consequences of refusal.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld. The suspension will begin 40 days after the date of your arrest.
• Suspension Overturned: If you successfully challenge the DPS's case, 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 occupational license (see below) that allows you to drive for essential purposes.

Hardship/Restricted License in Texas

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

• To and from work
• To and from school
• For essential household duties
• For medical appointments*Eligibility Requirements:** You must have a valid Texas driver's license at the time of the DUI arrest.
• You must have requested an ALR hearing (even if you lost).
• You must prove that the suspension causes undue hardship, making it difficult for you to maintain employment, attend school, or perform essential household duties.
• You cannot have a prior DUI conviction within the past five years.

**Application Process:*1. File a Petition: File a petition for an occupational license with the county court in the county where you reside or where the offense occurred. 2. Provide Documentation: Submit documentation supporting your claim of hardship, such as employment verification, school schedules, and medical records. 3. Obtain a Court Order: If the judge approves your petition, they will issue a court order granting you an occupational license. 4. Submit to DPS: Submit the court order and required fees to the Texas DPS.

Costs and Restrictions: There are court filing fees associated with the petition.

• You will need to pay a fee to the Texas DPS to obtain the occupational license.
• The occupational license will specify the times, days, and locations where you are permitted to drive.
• You may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of the occupational license.

Getting Your License Back

After Suspension Period

After your suspension period ends, you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (if required).
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: If you are required to carry SR-22 insurance, you must maintain continuous coverage for a period of two years.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete a DWI Education Program or a DWI Repeat Offender Program.

Presidio County DPS Locations

There are 3 DPS locations serving Presidio.

• Texas Department Of Transportation Address: Presidio, TX 79845 Website: https://www.txdot.gov/

• Presidio County Tax Collector Address: 301 Highland St, Marfa, TX 79843 Phone: (432) 729-4081 Website: https://www.co.presidio.tx.us/page/presidio.County.Assessor.Collector Hours: Monday-Friday 8 AM to 4 PM; Saturday-Sunday Closed

• Texas Department of Public Safety Address: 800 Simon Gonzalez St, Presidio, TX 79845 Phone: (432) 229-3768 Hours: Tuesday-Wednesday 8 to 11:45 AM, 1 to 5 PM; Monday, Thursday-Sunday Closed

Special Programs

• Ignition Interlock Device (IID): An IID is a device installed in your vehicle that prevents it from starting if it detects alcohol on your breath. An IID may be required as a condition of probation, an occupational license, or as a requirement for license reinstatement.
• Occupational License: See section above.

Navigating the DUI license suspension process in Presidio County can be challenging. Seeking guidance from a qualified Texas DUI attorney can significantly improve your chances of protecting your driving privileges.

Frequently Asked Questions

1. How long will my license be suspended if I'm convicted of DUI in Presidio County? The length of the suspension depends on whether it's your first offense and whether you refused the breath/blood test. A first offense with a BAC over 0.08 results in a 90-day suspension, while refusal leads to a 180-day suspension.
2. Can I drive to work if my license is suspended in Presidio County? You may be able to obtain an occupational license that allows you to drive to and from work, school, or for essential household duties, even with a suspended license.
3. Where do I file for an occupational license in Presidio County? You must file a petition for an occupational license with the county court in the county where you reside or where the offense occurred. Contact the Presidio County Clerk for specific filing instructions.