Runnels County License Hearing Guide

Runnels DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Runnels, Texas, can trigger both criminal charges and an administrative process that could lead to your driver's license being suspended. Understanding your rights and acting fast is crucial. This guide provides immediate, practical information on navigating the Administrative License Revocation (ALR) process in Runnels County.

It's important to understand that the legal proceedings stemming from your DUI arrest are essentially two separate tracks:

• Criminal Case: This deals with the actual DUI charge and potential jail time, fines, and probation.
• Administrative Case (ALR): This focuses solely on your driver's license and whether it should be suspended due to the DUI arrest.

This guide focuses on the administrative case and the steps you need to take to potentially save your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Runnels, you have an extremely limited time to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

Where to Request:

You must request the hearing from the Texas Department of Public Safety (DPS). The hearing request is for the ALR hearing.

How to Request:

• Online: The fastest and recommended method is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" portal on the DPS Driver License Division website.
• Mail: You can also mail a written request to the Texas DPS. It's crucial to send it via certified mail with return receipt requested to ensure proof of timely submission. The address is:

Texas Department of Public Safety ALR Hearings P.O. Box 15999 Austin, TX 78761-5999

• Phone: While not the recommended method, you might be able to initiate the request by phone. Contact the Texas DPS Driver License Division to inquire, but always follow up with written confirmation.

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 are very limited exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license will be automatically suspended at some point if the DPS finds sufficient cause. The reasons for suspension vary depending on whether you submitted to a breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, the Texas DPS will suspend your license. The suspension period for a first offense is typically 90 days to 1 year. The exact length depends on the circumstances of your arrest.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is valid until either your ALR hearing is held and the suspension upheld, or until the automatic suspension period begins (usually 40 days after the arrest date).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in Texas. If you refused testing, your license will be suspended for 180 days to 2 years for a first offense.
• 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 arrested for DUI. Refusal can lead to the longer suspension penalties.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa (though evidence presented at one hearing might be relevant in the other).
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court. This means it's easier for the DPS to win the ALR hearing than it is for the prosecution to win your criminal case.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or others who observed you before your arrest.
• Video footage from dashcams, security cameras, or body cameras.
• Medical records that might explain a high BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly increase your chances of winning your case. They can help you gather evidence, prepare your arguments, and represent you at the hearing. They understand the nuances of Texas DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the police had probable cause to stop you.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights before being asked to take the test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met 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 your license is suspended, 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

Even if your license is suspended, you may be able to obtain a restricted license, also known as an Occupational Driver's License (ODL), in Texas.

• Eligibility Requirements: To be eligible for an ODL, you generally must prove that you need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments

You cannot have certain prior convictions that would disqualify you.

• What You Can Drive For: An ODL typically restricts you to driving only for the approved purposes listed in your application. The court order granting the ODL will specify the times and locations you are allowed to drive.
• Costs and Application Process: The application process involves filing a petition with the court, providing evidence of your need to drive, and obtaining a court order granting the ODL. There are court fees and attorney fees associated with this process.
• IID Requirement: Depending on the circumstances of your DUI arrest, 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

Once your suspension period is over, you'll need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: You'll typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required DUI education or treatment programs.
• Provide proof of SR-22 insurance (see below).
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. You'll need to maintain SR-22 insurance for a specified period, typically two years.
• Classes/Programs that Must Be Completed: The court may order you to complete a DUI education program or alcohol/drug treatment as part of your criminal sentence. You must complete these programs to be eligible for license reinstatement.

Runnels DMV Offices

Unfortunately, due to its very small population, Runnels County does not have a dedicated DPS office. Residents typically utilize DPS services in nearby counties. Here are some options:

• Texas DPS Driver License Office - Ballinger (Nearest): 300 Hutchins Ave, Ballinger, TX 76821. Verify hours before visiting.
• Texas DPS Driver License Office - San Angelo: 3301 N Bryant Blvd, San Angelo, TX 76903. Verify hours before visiting.

Always check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office locations and hours.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of obtaining an occupational driver's license or as part of your criminal sentence. The IID prevents the vehicle from starting if it detects alcohol on your breath.
• Occupational License: As discussed previously, an occupational license allows you to drive for essential purposes during a license suspension.

Disclaimer: This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Runnels, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence!