Presidio County License Hearing Guide

Presidio 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

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 there was probable cause for the arrest and that you either failed or refused a breath/blood test.

How to Prepare

Preparing for your ALR hearing is crucial. Here's what you should do:

• Gather Evidence: Collect any evidence that might help your case, such as witness statements, dashcam footage (if available), or any other information that could challenge the basis of the traffic stop or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand your rights, gather evidence, present your case effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge several aspects of the case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether there was probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding breath/blood testing.
• Whether the breath/blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have three 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 case, your license suspension will be overturned, and your driving privileges will be restored immediately.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational License (also known as a Hardship License) in Texas.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You typically need to apply to a court in the county where you reside (or where the offense occurred) and obtain a court order granting the occupational license.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The costs and application process vary depending on the court. You will likely need to pay court fees and provide documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your DUI and your prior record, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of the occupational license.

Getting Your License Back

After Criminal Case Concludes

Even after the ALR process, you'll need to address your license status after your criminal case concludes.

• Reinstatement Requirements: To reinstate your license after the suspension period, you will likely need to:

• Pay a reinstatement fee to the Texas DPS.

• Provide proof of completion of any required alcohol education courses or community service.

• Fees: Check the Texas DPS website for the current reinstatement fee.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance for a period of time (typically 2-3 years) after your DUI conviction. SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state.

• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education courses, community service, or other programs as part of your sentence.

Presidio DMV Offices

Important Note: Since Presidio is a very small and rural area, it is unlikely to have a full-fledged DPS office. You may need to travel to a nearby larger city for some DPS services, or conduct them online or by mail. Check the Texas DPS website (www.dps.texas.gov) for the nearest driver's license office and its services. You can also conduct many transactions online.

Special Programs

• Ignition Interlock Device Program: If required by the court, you will need to install an IID in your vehicle. This device requires you to blow into it before starting the car, and it prevents the car from starting if alcohol is detected.
• Occupational License: As described above, this allows limited driving privileges for essential needs.

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. The laws surrounding DUI are complex and can change. Acting quickly and seeking expert legal counsel is crucial to protecting your rights and your driving privileges.