Tom Green County License Hearing Guide

Tom Green DUI License Suspension & ALR Hearing

Facing a DUI arrest in Tom Green County? Your driver's license is immediately at risk. This guide explains the critical steps you MUST take to protect your driving privileges. Time is of the essence!

After a DUI arrest in Tom Green, Texas, you're facing two separate legal battles: a criminal case in court and an administrative process related to your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license by the Texas Department of Public Safety (DPS) and how to fight it through an Administrative License Revocation (ALR) hearing. Understanding this process is crucial because failing to act quickly can result in an automatic license suspension.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an ALR hearing. Missing this deadline means your license will be automatically suspended. No exceptions!

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

How to Request: You can request a hearing online, by mail, or by fax. Do not delay!

• Online: Visit the Texas DPS website. Look for the section on ALR hearings and follow the online instructions. (Unfortunately, direct linking is difficult as the DPS website is frequently updated. Search for "Texas DPS ALR Hearing Request")
• Mail: Send a written request to the Texas DPS address listed on the DIC-25 form (the temporary driving permit issued after your arrest). If you don't have this form, contact the DPS immediately. (Again, due to potential address changes, consult the DPS website or call them directly to confirm the correct address.)
• Fax: Fax your written request to the fax number listed on the DIC-25 form or on the DPS website. Keep a copy of the fax confirmation as proof of submission.

What to Include in Your Request:

• Your full name and address
• Your driver's license number
• The date of your arrest
• The name of the arresting officer and their department
• A clear statement that you are requesting an ALR hearing

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. The length of the suspension depends on whether you took and failed a breath or blood test, or if you refused testing altogether.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended. Understanding the potential suspension periods is vital.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended for 90 days if it's your first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until the date of your ALR hearing or until the suspension begins if you don't request a hearing (or if the suspension is upheld after the hearing).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a significantly longer suspension. In Texas, refusing testing results in a 180-day suspension 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 requested by a police officer. Refusal to comply can lead to the aforementioned license suspension, regardless of whether you are ultimately convicted of DUI.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a critical step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from the criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license. The hearing officer will consider evidence presented by both the DPS and you (or your attorney).
• Lower Burden of Proof: The DPS has a lower burden of proof in an ALR hearing compared to a criminal trial. They only need to show "preponderance of the evidence" (more likely than not) that you were driving while intoxicated.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other relevant documentation.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence on your behalf, cross-examine witnesses, and argue your case to the hearing officer. This is highly recommended, as navigating the legal process can be complex.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you
• Whether the officer had probable cause to believe you were intoxicated
• Whether you were properly informed of your rights regarding breath or blood testing
• The accuracy of the breath or blood test results (if applicable)

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has sufficient evidence to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS does not have sufficient evidence, 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 (see below).

Hardship/Restricted License in Texas

Even with a suspended license, you might be able to obtain a hardship or restricted license in Texas, allowing you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must generally demonstrate that you need to drive for essential purposes such as work, school, or medical appointments. There are specific requirements regarding prior offenses and compliance with other court orders.
• What You Can Drive For: An occupational license typically allows you to drive to and from work, school, medical appointments, and other essential activities. It will specify the times and locations you are permitted to drive.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court in the county where you reside or where the offense occurred. There are court costs and attorney fees associated with the process.
• IID Requirement: Depending on the circumstances of your case and the judge's discretion, 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 is over, there are steps you need to take to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license after a DUI suspension in Texas, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education or treatment programs.
• Fees: The reinstatement fee varies but is usually around $125.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance for a period of two years following your conviction. SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS.
• Classes/Programs that Must be Completed: Depending on the terms of your sentence, you may be required to complete a DUI education program or a substance abuse treatment program.

Tom Green DMV Offices

Unfortunately, there are no dedicated DMV offices listed specifically for Tom Green County. DPS services are typically handled through regional offices and county clerk's offices. Contact the Texas DPS directly for the nearest location and operating hours. You can find contact information and office locations on the Texas DPS website.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an Ignition Interlock Device (IID) may be required for an occupational license or as a condition of probation after a DUI conviction. The IID prevents the vehicle from starting if the driver's breath alcohol content exceeds a pre-set limit.
• Occupational License: As detailed above, an occupational license allows you to drive for essential purposes during a license suspension.
• Texas Driver Responsibility Program (No Longer Active): While the Texas Driver Responsibility Program was repealed in 2019, it's important to note that you may still have outstanding surcharges from before the repeal. Contact the Texas DPS to inquire about any outstanding fees.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Tom Green County to discuss the specific facts of your case and to receive personalized legal guidance. The laws and procedures related to DUI and license suspension are subject to change.