Travis County ALR Hearing Guide

Travis County DUI License Suspension & ALR Hearing

Being arrested for a DUI in Travis County can trigger a complex legal process, potentially leading to a suspended driver's license. It’s crucial to understand that there are two separate legal tracks: the criminal case, which determines your guilt or innocence, and the Administrative License Revocation (ALR) process, which determines whether your driving privileges will be suspended. This guide focuses on the ALR process and how to navigate it effectively in Travis County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The single most important thing to understand is the 15-day deadline. You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Texas Department of Public Safety (DPS). If you fail to request a hearing within this timeframe, your driver's license will automatically be suspended, starting on the 40th day after your arrest. This suspension occurs regardless of the status of your criminal case.

Where to Request: The ALR program administration is housed at DPS Headquarters, located at 5805 North Lamar Blvd, Austin, TX 78752. However, you do not attend the hearing at this location.

How to Request: You have several options for requesting an ALR hearing:

• Online: The preferred method for tracking your request is through the DPS portal.
• Mail: Send your request via certified mail to the ALR Program.
• Fax: Fax your request to the dedicated ALR fax line at 512-424-2650.
• Hand Delivery: Deliver your request in person to the Director of Hearings at 5805 N. Lamar, Austin.

To request the hearing, you will need the following information:

• Full Legal Name
• Date of Birth
• Driver License Number
• Current Mailing Address (crucial for receiving the scheduling order)
• Home Phone and Daytime Phone
• Date of Arrest
• County of Arrest (Travis)
• Arresting Agency (e.g., Austin PD, Travis County Sheriff)
• Whether you are requesting the presence of the arresting officer (Subpoena request)

What Happens If You Miss the Deadline: If you miss the 15-day deadline, the Texas Department of Public Safety (DPS) will automatically suspend your driver’s license on the 40th day after arrest.

Automatic License Suspension

Your license can be suspended automatically, depending on whether you submitted to chemical testing and the results.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Concentration (BAC) was over 0.08, TX law mandates a license suspension. The temporary driving permit (DIC-25) issued at the time of your arrest is valid for 40 days from the date of arrest. However, if you request an ALR hearing within the 15-day deadline, the validity of the permit is automatically extended beyond the 40 days until the ALR judge signs a final default judgment or order of suspension. Keep a copy of your hearing request and the certified mail receipt alongside the DIC-25 to prove to law enforcement that the 40-day expiration date printed on the form has been legally extended.

If You Refused Testing

Under Texas's implied consent laws, refusing to submit to a breath or blood test results in a longer license suspension than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate from your criminal case. It is conducted by the State Office of Administrative Hearings (SOAH), not the criminal court. SOAH is an independent agency of administrative law judges (ALJs) who preside over the hearings to ensure impartiality.

The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license. The burden of proof in an ALR hearing is lower than in a criminal trial. The state only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that you committed the offense.

How to Prepare

Preparing for your ALR hearing is crucial. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or photographs.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the ALR process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, such as the legality of the traffic stop, the accuracy of the breath or blood test, or the validity of the officer's observations.

Possible Outcomes

There are several possible outcomes of an ALR hearing:

• Suspension Upheld: If the ALJ finds that the DPS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the ALJ finds that the DPS has not met its burden of proof, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license, also known as an Occupational Driver's License (ODL).

Hardship/Restricted License in Texas

If your license is suspended, you may be able to obtain an Occupational Driver's License (ODL), which allows you to drive for essential purposes.

Eligibility Requirements: In Travis County, you must demonstrate that the ODL is necessary for:

• Work: Traveling to and from a place of employment.
• School: Educational purposes.
• Household Duties: Essential tasks such as grocery shopping or transporting family members.

Travis County courts, particularly the County Courts at Law and Justices of the Peace, generally enforce a hybrid system that utilizes both a fixed schedule and a mandatory logbook to ensure compliance. By default, driving is often limited to 4 hours in any 24-hour period. A petitioner can request a waiver to drive up to 12 hours in any 24-hour period. The court order will include a grid for Monday through Sunday. The driver must designate specific blocks of time (e.g., 7:00 AM – 9:00 AM; 5:00 PM – 7:00 PM) during which they are authorized to drive. Travis County ODL orders explicitly mandate the maintenance of a Logbook. The driver must record the date, time, destination, and reason for every single trip.

Once the judge signs the ODL order, that paper order serves as the legal driver's license for 45 days. During this 45-day window, the driver must send the order, the SR-22 insurance certificate, and the reinstatement fees to DPS in Austin.

The ODL petition is filed in the court with jurisdiction over the case, such as Justice of the Peace Precinct 5 (Judge Chu), located at 1000 Guadalupe St, or Justice of the Peace Precinct 3, located at 8656-B West Hwy 71.

Costs and Application Process: You will need to pay court filing fees and potentially fees for an SR-22 insurance certificate.

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

Getting Your License Back

After Criminal Case Concludes

After your criminal case concludes and any suspension periods have ended, you will need to take steps to reinstate your driver's license.

Reinstatement Requirements: Pay a reinstatement fee to the Texas DPS.

• File an SR-22 certificate of insurance.
• Complete any required classes or programs, such as a DWI education program.

Travis County DMV/DPS Offices

• Texas Department of Public Safety (DPS) Headquarters (Administrative Intake): Located at 5805 North Lamar Blvd, Austin, TX 78752. This is where the ALR program administration is housed and where hearing requests can be hand-delivered.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, you may be required to install an IID on your vehicle as a condition of probation or obtaining an ODL.
• Occupational License: This restricted license allows you to drive for essential purposes, such as work, school, or medical appointments.
• DWI Pre-Trial Diversion (PTD) Program: Targeting low-risk, first-time offenders, the PTD program offers a total dismissal of charges and the eligibility for immediate expunction of the arrest record.
• The Travis County DWI Court (Post-Adjudication): Targeting high-risk, repeat offenders who might otherwise face jail time, the DWI Court is a therapeutic accountability court.

Frequently Asked Questions

1. Where do I file for an Occupational Driver's License in Travis County? The ODL petition is filed in the court with jurisdiction over the case. This could be Justice of the Peace Precinct 5 (Judge Chu) at 1000 Guadalupe St. or Justice of the Peace Precinct 3 at 8656-B West Hwy 71, or the Travis County Court at Law.
2. How long is the DIC-25 form valid for in Travis County? The DIC-25 is valid for 40 days from the date of arrest. If you request an ALR hearing, its validity is extended until the ALR judge signs a final order.
3. What is the "12-hour myth" regarding driving after a DUI arrest in Travis County? This refers to a common condition of release imposed by a magistrate (judge) when a defendant is bonded out of jail, prohibiting driving for a specific number of hours (e.g., 12 or 24 hours) immediately following release. It's a violation of bond conditions, not necessarily the offense of Driving While License Invalid (DWLI).

Sources

• ALR Hearing Request Portal
• License Eligibility & Reinstatement
• Texas DMV - Austin Regional Service Center
• Travis County Justices of the Peace
• Travis County Justice of the Peace Precinct 3
• Travis County Justice of the Peace Precinct 5
• State Office of Administrative Hearings