Schleicher County License Hearing Guide

Schleicher DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Schleicher, Texas can be devastating. It can impact your ability to get to work, take care of your family, and manage everyday life. It's crucial to understand the steps you need to take immediately to protect your driving privileges. This guide provides critical information about the Administrative License Revocation (ALR) process in Schleicher County and how to fight your license suspension.

Important: Remember, the ALR process is separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process. This makes understanding and acting quickly on the ALR process absolutely vital.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Schleicher County, you have a very limited window to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. This is a non-negotiable deadline.

• Where to Request: The hearing is requested through the Texas Department of Public Safety (DPS).

• How to Request: You can request the hearing online, by phone, or by mail.

• Online: The fastest and most reliable method is to request the hearing online through the Texas DPS website. Look for the "ALR Hearing Request" section. You'll need information from your DUI arrest paperwork.

• Phone: You can call the Texas DPS at the relevant ALR hearing request number (check the DPS website for the most current number). Be prepared for potential wait times.

• Mail: While possible, mailing your request is the riskiest option due to potential delays. If you choose this method, send it certified mail with return receipt requested to ensure proof of delivery. The address will be on your temporary driving permit or arrest paperwork.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule. Missing the deadline essentially forfeits your right to challenge the suspension administratively. Don't let this happen!

Automatic License Suspension

Your license can be suspended automatically following a DUI arrest, depending on the circumstances of your case.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies depending on your driving record, but generally, a first offense results in a suspension of at least 90 days.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing or until the suspension officially begins (if you didn't request a hearing or the suspension was upheld).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Texas, refusing testing typically results in a license suspension of 180 days for a first offense.

• 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. Refusal to comply with this law results in the automatic suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial part of the DUI process, and you should take it seriously.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is a civil proceeding separate from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.

• Decides If License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient legal grounds to suspend your license.

• Lower Burden of Proof Than Criminal Trial: 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

• Gather Evidence (Witness Statements, Video, etc.): If you have any evidence that supports your case, such as witness statements or video footage, gather it and bring it to the hearing.

• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A DUI attorney experienced in Schleicher County can represent you at the hearing, present evidence on your behalf, and cross-examine witnesses. This significantly increases your chances of a favorable outcome.

• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:

• Whether the officer had probable cause to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly informed of your rights regarding breath or blood testing.

• Whether the breath or blood test results were accurate and reliable.

Possible Outcomes

• Suspension Upheld: If the hearing officer determines that the DPS had sufficient grounds to suspend your license, the suspension will be upheld.

• Suspension Overturned: If the hearing officer determines that the DPS did not have sufficient grounds to suspend your license, the suspension will be overturned, and your license will be reinstated.

• 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.

Hardship/Restricted License in Texas

A hardship license, also known as an occupational license, allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: To be eligible for an occupational license in Texas, you generally need to demonstrate that you need to drive for:

• Work

• School

• Essential household duties (e.g., grocery shopping, medical appointments)

• What You Can Drive For (Work, School, Medical): An occupational license typically restricts your driving to specific times and locations related to your approved purposes.

• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are court fees associated with the application. An attorney can guide you through this process.

• IID Requirement: Depending on the circumstances of your DUI arrest, 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

Once your suspension period is over, you need to take specific steps to reinstate your 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.

• Fees: The reinstatement fee varies and can be found on the Texas DPS website.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a period of time after your DUI conviction.

• Classes/Programs That Must Be Completed: Depending on the terms of your sentence in the criminal case, you may be required to complete DUI education classes, alcohol awareness programs, or community service.

Schleicher DMV Offices

Unfortunately, due to the low population of Schleicher County, there may not be a full-service DPS office directly within the county. You may need to travel to a neighboring county. Check the Texas DPS website for the closest Driver License office and their hours of operation. Plan your visit accordingly.

Special Programs

• Ignition Interlock Device Program: If required, you will need to install an IID in your vehicle. This device requires you to blow into it before starting the car. If the device detects alcohol, the car will not start.

• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during your suspension.

• Texas Specific Programs: Contact a Schleicher County DUI attorney to learn about any other state-specific programs that may be available to you.

This guide provides a general overview of the DUI license suspension and ALR hearing process in Schleicher County, Texas. However, every case is unique, and it's essential to consult with a qualified DUI attorney to discuss your specific situation and protect your rights. Don't delay – act quickly to protect your driving privileges!