San Jacinto County License Hearing Guide

San Jacinto DUI License Suspension & ALR Hearing

Being arrested for a DUI in San Jacinto, Texas, can feel overwhelming. You're likely worried about the criminal charges, but it's crucial to understand that your driver's license is at immediate risk through a separate administrative process. This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in San Jacinto County. Remember, time is of the essence!

Your License After a DUI Arrest in San Jacinto

When you're arrested for a DUI in Texas, you face two separate legal battles:

• Criminal Case: This is the standard court case where the state tries to prove you were driving while intoxicated based on Texas DUI laws. The penalties for a conviction can include fines, jail time, and a criminal record.

• Administrative License Revocation (ALR) Case: This is a completely separate process handled by the Texas Department of Public Safety (DPS). The ALR process determines whether your driver's license will be suspended. Even if you are found not guilty in the criminal case, your license can still be suspended through the ALR process.

This guide focuses specifically on the ALR process and how to fight to keep your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most important thing you need to do after a DUI arrest is to request an Administrative License Revocation (ALR) hearing. You only have 15 days from the date of your arrest to request this hearing.

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

How to Request: You can request the hearing in the following ways:

• Online: The quickest and easiest way is through the Texas DPS website. Search for "ALR Hearing Request" on the DPS website.
• Mail: You can mail a written request to the address provided on the DIC-24 (Notice of Suspension) form you received from the arresting officer. Make sure to send it certified mail with return receipt requested to prove you sent it on time.
• Phone: Call the DPS office handling ALR hearings. You can find the phone number on the DIC-24 form. Be prepared to provide information about your arrest.

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. There is very little you can do to reverse this once the deadline has passed, so act immediately.

Automatic License Suspension

Your license can be automatically suspended based on two different scenarios: failing or refusing a breath or blood 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. For a first offense in Texas, the suspension period is typically 90 days.

• Temporary Permit Valid Until Hearing or Suspension Begins: The DIC-24 form you received at the time of your arrest acts as a temporary driving permit. This permit is usually valid for 40 days, or until your ALR hearing date if you requested one. If you don’t request a hearing, the suspension begins 40 days after your arrest.

If You Refused Testing

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

• Implied Consent Law in Texas: Texas 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. Refusing to do so can result in the automatic license suspension described above.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to protecting your driving privileges.

What It Is

• Separate from Criminal Court: Remember, this hearing is completely separate from your criminal DUI case. It's an administrative hearing conducted by the Texas DPS.

• Decide 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 the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is key to increasing your chances of winning your ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): If there were any witnesses to your arrest, try to obtain statements from them. If there is any video footage of the traffic stop or arrest, try to obtain it.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can significantly increase your chances of a favorable outcome. They understand the law, the procedures, and can effectively present your case. They can also subpoena witnesses, cross-examine the arresting officer, and challenge the evidence against you.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered correctly.
• The accuracy and reliability of the testing equipment.

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 evidence, your license suspension will be overturned, and you can continue driving.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, even if the suspension is upheld. This allows you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

A hardship license, also called an occupational license, can be a lifeline if your license is suspended.

• Eligibility Requirements: To be eligible for an occupational license in Texas, you must meet certain requirements, including:

• Having your license suspended for a reason other than a medical condition.

• Demonstrating a need to drive for essential purposes.

• Not having your license suspended for certain offenses, such as intoxication manslaughter.

• What You Can Drive For (Work, School, Medical): An occupational license allows you to drive for essential purposes, such as:

• Traveling to and from work.

• Attending school or job training programs.

• Seeking medical treatment.

• Costs and Application Process: The application process for an occupational license involves filing a petition with the county court where you reside. There are court costs associated with filing the petition. You will also need to provide documentation supporting your need to drive.

• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:

• Pay a reinstatement fee to the Texas DPS.

• Provide proof of completion of any required DUI education programs or community service.

• Show proof of SR-22 insurance (see below).

• Fees: Reinstatement fees vary, so check with the Texas DPS for the current fee schedule.

• SR-22 Insurance Requirement: An SR-22 is a certificate of financial responsibility that your insurance company files with the Texas DPS. It proves that you have the minimum required liability insurance. You may be required to maintain SR-22 insurance for a period of time after your DUI conviction.

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program, such as a DWI Intervention Program, as part of your sentence. You may also be required to complete community service.

San Jacinto DMV Offices

Unfortunately, San Jacinto is a very small area and does not have a dedicated DPS office. The nearest larger city is Conroe. However, you can often handle reinstatement procedures online or by mail. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information and online services.

Special Programs

• Ignition Interlock Device Program: This program allows individuals convicted of DUI to continue driving with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.

• Occupational License: As discussed above, this allows limited driving privileges for essential purposes.

Being arrested for a DUI in San Jacinto is a serious matter. Taking immediate action to protect your driving privileges is crucial. Don't delay requesting your ALR hearing, and consider consulting with a qualified DUI attorney to discuss your options.