Real County License Hearing Guide

Real DUI License Suspension & ALR Hearing

Being arrested for a DUI in Real, Texas, is a stressful and confusing experience. It's crucial to understand that you're facing two separate legal processes: a criminal case in court and an administrative process with the Texas Department of Public Safety (DPS) regarding your driver's license. This guide focuses on the administrative process and how to protect your driving privileges. Your ability to drive in Real, TX, hangs in the balance, and time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Real, TX, the clock starts ticking. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic license suspension.

Where to Request: Texas Department of Public Safety (DPS)

How to Request:

You can request an ALR hearing through the Texas DPS in one of three ways:

• Online: The fastest and often easiest method. Visit the Texas DPS website (search "Texas DPS ALR Hearing Request"). Follow the online instructions carefully.
• Phone: Call the Texas DPS Driver License Division. Be prepared to provide your driver's license number, date of birth, and details of your arrest. You will likely need to follow up with written confirmation. The phone number for the DPS Driver License Division will vary depending on your location in Texas, so consult the DPS website for the correct number.
• Mail: Send a written request for an ALR hearing to the Texas DPS. Include your full name, date of birth, driver's license number, the date and location of your arrest, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove timely submission. The address will be on the paperwork you received after your arrest.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. There is very little recourse once this deadline passes. Do not delay!

Automatic License Suspension

Your license can be automatically suspended following a DUI arrest in Real, TX, based on the results of your breath or blood test, or if you refused to take a test.

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 suspension period for a first offense is typically 90 days. However, this can be longer depending on the circumstances of your case and any prior offenses.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is usually valid for 40 days. It allows you to drive until your ALR hearing or until the suspension officially begins if you don't request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, refusing testing for a first offense results in a license suspension of 180 days.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial step in protecting your driving privileges after a DUI arrest. It's important to understand that this hearing is separate from the criminal case against you. It's an administrative proceeding conducted by the Texas DPS to determine if there is sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of your ALR hearing does not directly determine the outcome of your criminal case, and vice versa. However, evidence presented at the ALR hearing can be used in the criminal case, and information from the criminal case can be used in the ALR hearing.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your license. The DPS must prove that: (1) the officer had reasonable suspicion to stop you; (2) the officer had probable cause to believe you were driving while intoxicated; and (3) you were driving with a BAC of 0.08 or higher, or you refused to submit to a breath or blood test.
• Lower Burden of Proof than Criminal Trial: The burden of proof at an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence" that the suspension is warranted, meaning it's more likely than not. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is vital for a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), photos, or any other information that challenges the DPS's evidence.
• Consider Hiring DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of a favorable outcome. They understand the law, the procedures, and how to effectively present your case. They can also subpoena witnesses and cross-examine the DPS's witnesses. Given the short deadline, contact an attorney immediately.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• The legality of the initial traffic stop.
• Whether the officer had probable cause to believe you were driving while intoxicated.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights regarding the breath or blood test.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If you successfully challenge the DPS's evidence, 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 hardship license, allowing you to drive for essential purposes (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL) in Texas, which allows you to drive for essential needs.

• 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 meet certain other requirements, such as having no other valid driver's license and not having certain prior convictions.
• What You Can Drive For (Work, School, Medical): An ODL typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process for an ODL involves filing a petition with the court and providing evidence of your need to drive. There are court costs and attorney 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

After the suspension period ends and your criminal case concludes, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies but is generally around $125.
• 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.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered programs.

Real DMV Offices

Unfortunately, information on specific DMV/DPS offices in Real County is limited due to its small population. The closest DPS offices are likely located in surrounding counties. Check the Texas DPS website (www.dps.texas.gov) for a list of nearby offices and their contact information. It is advisable to call before visiting to confirm hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: This program allows individuals convicted of DUI to drive with an IID installed in their vehicle. The IID requires the driver to blow into the device before starting the car and periodically while driving. If the device detects alcohol, the car will not start or will trigger an alarm.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes even while your license is suspended.
• Any State-Specific Programs: The Texas DPS offers various programs related to driver safety and DUI prevention. Consult the DPS website for more information.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified attorney in Real, Texas, for advice specific to your situation. The law is constantly evolving, and this information may not be up-to-date. Act quickly to protect your rights and driving privileges!