Val Verde County License Hearing Guide

Val Verde DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Val Verde, Texas is a serious situation. It’s crucial to understand that you are facing two separate legal processes: a criminal case and an administrative case concerning your driver's license. This guide focuses on the administrative side, specifically your driver's license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence, so read carefully and act quickly.

Your License After a DUI Arrest in Val Verde

The moment you're arrested for DUI in Val Verde, the clock starts ticking on your ability to keep your driver’s license. The arresting officer likely confiscated your physical license and issued you a temporary driving permit. This permit is not a guarantee you can continue driving. It's a temporary extension, and its lifespan is limited.

The Texas Department of Public Safety (DPS) will attempt to suspend your license administratively through the ALR process, regardless of the outcome of your criminal case. Even if the criminal charges are dropped, you could still lose your license through the ALR process. This is why understanding and acting on the information below is critical.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information: You have only 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline results in an automatic suspension of your driver's license. No exceptions.

Where to Request: The ALR hearing request must be made to the Texas Department of Public Safety (DPS).

How to Request: You can request a hearing via:

• Online: Check the Texas DPS website for their online ALR hearing request portal. Search for "Texas DPS ALR Hearing Request."

• Phone: Contact the Texas DPS directly. Be prepared for potential wait times. You can find the relevant contact number on the temporary driving permit you received or on the Texas DPS website.

• Mail: Send a written request by certified mail (return receipt requested) to the Texas DPS address indicated on your temporary driving permit or on the Texas DPS website. This is the most reliable method to ensure proof of timely submission. Your written request should include:

• Your full name

• Your date of birth

• Your driver's license number

• The date of your arrest

• The county where you were arrested (Val Verde)

• A clear statement that you are requesting an ALR hearing

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. You will receive a notice from the Texas DPS confirming the suspension and the effective date. Once suspended, driving is illegal and can result in further criminal charges.

Automatic License Suspension

The Texas DPS will attempt to suspend your license based on the circumstances of your arrest. The reasons for suspension depend on whether you submitted to a breath or blood test and the results of that test, or whether you refused to take a 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. The suspension period for a first-time offense is typically 90 days to 1 year.
• Temporary Permit Valid Until Hearing or Suspension Begins: Your temporary driving permit is valid until your ALR hearing (if requested) or until the date the suspension takes effect, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty. In Texas, a first-time refusal results in a license suspension of 180 days.
• Implied Consent Law in Texas: Texas operates under 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 do so carries significant penalties, as described above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the administrative suspension of your driver's license. Understanding the process is key to maximizing your chances of a favorable outcome.

What It Is

• Separate From Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS has sufficient evidence to justify suspending your driver's 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 demonstrate "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. This might include:

• Witness statements (if anyone was with you or observed the traffic stop)

• Video footage (dashcam or bodycam, if available)

• Medical records (if you have a medical condition that could have affected the test results)

• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A qualified Texas DUI attorney can:

• Advise you on your legal rights

• Gather and present evidence on your behalf

• Cross-examine witnesses

• Negotiate with the DPS

• Represent you at the ALR hearing

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

• Whether the officer had probable cause to stop you

• Whether the officer properly administered the breath or blood test

• Whether the testing equipment was properly maintained

• Whether you were actually intoxicated

Possible Outcomes

• Suspension Upheld: If the DPS presents sufficient evidence, the hearing officer will uphold the suspension of your driver's license.
• Suspension Overturned: If the DPS fails to meet its burden of proof, the hearing officer will overturn the suspension, and your driving privileges 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

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

• Eligibility Requirements: You must meet specific requirements to be eligible for an occupational license, including:

• Having a valid driver's license at the time of the DUI arrest

• Not having any other outstanding suspensions or revocations

• Demonstrating a need to drive for essential purposes (work, school, medical appointments)

• What You Can Drive For: An occupational license typically restricts you to driving for:

• Work

• School

• Essential household duties

• Medical appointments

• Costs and Application Process: The application process involves filing a petition with the court in the county where you reside or where the offense occurred (Val Verde County). You will need to provide documentation supporting your need to drive. There are court fees associated with filing the petition.

• IID Requirement: Depending on the circumstances of your DUI arrest and your driving record, 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 and you have met all reinstatement requirements, you can apply to have your driver's license reinstated.

After Criminal Case Concludes

The outcome of your criminal case will affect the final steps required to fully reinstate your license.

• Reinstatement Requirements: Reinstatement typically involves:

• Paying a reinstatement fee to the Texas DPS

• Providing proof of SR-22 insurance (see below)

• Completing any required DUI education courses or community service

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

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves 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: Depending on the severity of your DUI and your BAC level, you may be required to complete a DUI education course or a substance abuse treatment program.

Val Verde DMV Offices

Unfortunately, Val Verde County is a Tier 3 county with a sparse population. Contacting the regional DPS office is recommended.

• Texas Department of Public Safety - Region 7 (Del Rio): While not a dedicated DMV office in Val Verde County, the Region 7 office in Del Rio is the nearest regional hub. Contact information can be found on the Texas DPS website. Call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required as a condition of probation or for obtaining an occupational license. The Texas DPS website provides a list of approved IID vendors.
• Occupational License: Described in detail above.
• Texas DWI Intervention Program: This program may be court-ordered and focuses on education and rehabilitation for individuals convicted of DUI.

This information is for informational purposes only and does not constitute legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and protect your legal rights. Don't delay - the 15-day deadline is critical!