Tom Green County License Hearing Guide

Tom Green County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Tom Green County, Texas, can trigger two separate legal processes: a criminal case in the Tom Green County Courts at Law and an administrative license suspension handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative side – the potential suspension of your driver's license and how to fight it. It's crucial to understand that even if your criminal case is dismissed, your license can still be suspended through this administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Tom Green County, you face an immediate threat to your driving privileges. You have only 15 days from the date you received notice of suspension to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. This 15-day countdown clock begins upon the presumptive receipt of that mailed notice. Therefore, you must ensure your mailing address currently on file with the DPS is perfectly accurate; if the notice goes to an old address, the 15-day clock will expire, the license will be automatically suspended, and the defendant will default on their hearing rights without ever knowing the process had begun.

To request an ALR hearing, you must contact the State Office of Administrative Hearings (SOAH).

You can request a hearing by:

• Online: The SOAH likely has an online portal for requesting hearings, though specific instructions need to be followed.
• Mail: Send your request to the address listed on the notice of suspension.
• Phone: Call the SOAH at the number provided on your suspension notice.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule, so act quickly.

Automatic License Suspension

The Texas DPS will automatically suspend your driver's license under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will be suspended. The suspension period varies based on TX law. You may have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension period begins, whichever comes first.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take a breath or blood test carries a longer license suspension than failing the test. A refusal typically results in a suspension period as defined by Texas law.

The ALR/Administrative Hearing

The ALR hearing is a civil proceeding separate from your criminal DUI case. It is conducted by an administrative law judge (ALJ) from the State Office of Administrative Hearings (SOAH). The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license. The burden of proof is lower in an ALR hearing than in a criminal trial. The DPS only needs to show by a preponderance of the evidence (more likely than not) that the suspension is warranted.

How to Prepare

Preparing for an ALR hearing is crucial to maximizing your chances of avoiding a license suspension. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage, or documentation that challenges the validity of the traffic stop or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Tom Green County procedures and Texas DUI laws can help you navigate the ALR hearing process, present evidence effectively, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including the legality of the traffic stop, the validity of the breath/blood test, and whether you were properly informed of your rights.

Possible Outcomes

The ALJ will issue a written decision after the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DPS has met its burden of proof, and your license suspension will be upheld.
• Suspension Overturned: The ALJ finds that the DPS has not met its burden of proof, and your license suspension will be overturned. 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 occupational license.

Hardship/Restricted License in Texas

Even with a suspended license, Texas law allows for a hardship license (also called an occupational license) under certain circumstances. This license allows you to drive for essential purposes, such as:

• Work: Driving to and from your place of employment.
• School: Driving to and from educational institutions.
• Essential Household Duties: Driving for necessary household tasks.

Eligibility requirements and application processes are complex. An IID might be required.

Getting Your License Back

Reinstating your driver's license after a DUI-related suspension involves several steps. These steps generally include paying a reinstatement fee to the Texas DPS and providing proof of SR-22 insurance. You might also need to complete a DUI education program or other court-ordered requirements.

After Criminal Case Concludes

After your criminal case concludes, you'll need to address any remaining requirements to get your license fully reinstated. This may include:

• Reinstatement Requirements: Contact the Texas DPS to determine the specific requirements for reinstating your license based on your case.
• Fees: Pay the required reinstatement fee.
• SR-22 Insurance Requirement: Maintain SR-22 insurance for a specified period.
• Classes/Programs That Must Be Completed: Provide proof of completion for any court-ordered DUI education programs or community service.

Tom Green County DMV Offices

While the ALR hearing process is managed by the State Office of Administrative Hearings (SOAH), you may need to interact with the Texas Department of Public Safety (DPS) for license reinstatement or other related matters.

San Angelo Driver License Office Address: N/A Phone: N/A Hours: N/A

Special Programs

The Texas judicial system increasingly recognizes the necessity of treating underlying substance abuse issues to reduce recidivism. While Tom Green County does not operate a standalone municipal "SOBER Court" dedicated exclusively to misdemeanor DWIs, it does support robust diversionary infrastructure. The county operates the Concho Valley Felony Drug Court and the Concho Valley Regional Specialty Court, which handle severe, chronic substance-involved offenders. For misdemeanor offenders, the Concho Valley Community Supervision and Corrections Department (CSCD) manages a Pretrial Diversion/Intervention (PTD) program. This program offers an alternative to traditional prosecution, providing rehabilitative services that, if successfully completed, can result in charge dismissal. Additionally, the CSCD operates a Substance Abuse Caseload (SAC), utilizing targeted sanctions, outpatient treatment, and continuous monitoring to rehabilitate moderate to high-risk DWI offenders.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse the breathalyzer in Tom Green County? A: Refusing a breathalyzer typically results in a longer suspension period than failing the test, as defined by Texas law.

Q: Can I get a restricted license if my license is suspended after a DUI in Tom Green County? A: Yes, you may be eligible for an occupational license, allowing you to drive for essential purposes like work and school. Eligibility requirements apply.

Q: Where do I request an ALR hearing after a DUI arrest in Tom Green County? A: You must request the hearing from the State Office of Administrative Hearings (SOAH) within 15 days of receiving the notice of suspension.