Washington County License Hearing Guide

Washington County DUI License Suspension & ALR Hearing

**(dui.guide - Your Guide to Navigating a DUI)*After a DUI arrest in Washington County, Texas, you face two separate legal battles: a criminal case and an administrative license suspension. This guide focuses on the administrative process, which determines whether your driver's license will be suspended. It's crucial to understand that this process is entirely separate from your criminal case and has its own set of rules and deadlines. The outcome of your criminal case does NOT automatically determine the outcome of your license suspension. Act quickly to protect your driving privileges!

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is a hard deadline, and missing it will result in the automatic suspension of your driver's license.

• Where to Request: The hearing is requested through the Texas Department of Public Safety (DPS).
• How to Request: You can request the hearing by mail, fax, or online.
• Online: Unfortunately, there is no online method of requesting a ALR hearing.
• Mail: Send your request to the address provided on the DIC-24 form (the "Notice of Suspension").
• Fax: Fax your request to the fax number provided on the DIC-24 form.

It's highly recommended to send your request via certified mail with return receipt requested to ensure proof of delivery. Keep a copy of your request and the certified mail receipt for your records.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will automatically be suspended. There are very limited exceptions to this rule, so it's crucial to act promptly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension depending on the circumstances of your arrest.

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 length of the suspension varies depending on your prior driving record.
• Temporary Permit: At the time of your arrest, you should have been issued a temporary driving permit. This permit is valid for 40 days, allowing you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

• Refusal Suspension: Under Texas's implied consent law, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. If you refuse to take a breath or blood test, your license will be suspended for a longer period than if you had taken and failed the test. Refusal suspensions are generally longer than suspensions for failing a test.
• Implied Consent Law: Texas Transportation Code, Chapter 724, outlines the implied consent law. This law states that any person who operates a motor vehicle in a public place in Texas is deemed to have consented to submit to a breath or blood test if arrested for DUI.

The ALR/Administrative Hearing

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case.
• Decides License Suspension: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: 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: Gather any evidence that supports your case, such as witness statements, video footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing and present your case effectively. They can also cross-examine witnesses and challenge the DPS's evidence.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, such as the legality of the traffic stop, the accuracy of the breath or blood test, or whether you were actually driving while intoxicated.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended.
• Suspension Overturned: If the DPS fails to prove its case, your license will not be suspended.
• Restricted/Hardship License Granted: Even if your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

• Eligibility Requirements: To be eligible for a restricted license, you must meet certain requirements, such as completing a substance abuse education program and installing an ignition interlock device (IID) in your vehicle.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, and essential medical appointments.
• Costs and Application Process: The cost of a restricted license varies. The application process involves submitting an application to the DPS and providing proof of eligibility.
• IID Requirement: An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. The device measures your BAC, and if it detects alcohol, the vehicle will not start.

Getting Your License Back

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends, you must meet certain requirements to reinstate your license, such as paying a reinstatement fee.
• Fees: The reinstatement fee varies depending on the length of your suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered programs.

Washington County DMV Offices

Here are the DPS locations serving Washington County:

• Driver License Office Address: Hempstead, TX 77445

• Washington County Vehicle Registration Address: 100 E Main St # 100, Brenham, TX 77833 Phone: (979) 277-6218 Hours: Monday-Friday 8:00 AM to 4:30 PM

Special Programs

• Ignition Interlock Device Program: As noted, this program may be required, especially for repeat offenders or those with high BAC levels.
• Occupational License: An occupational license may allow you to drive for essential purposes even during a suspension.
• State-Specific Programs: Texas offers various programs related to DUI education and rehabilitation, which may be required by the court or DPS.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with an attorney to discuss your specific situation.

Frequently Asked Questions

• How long will my license be suspended if I refuse the breath test in Washington County?
• If I am granted a restricted license, can I drive outside of Washington County?