Washington County License Hearing Guide

Washington DUI License Suspension & ALR Hearing

Being arrested for a DUI in Washington, Texas, can be a frightening experience. Beyond the criminal charges, a DUI arrest triggers a separate administrative process that can lead to the suspension of your driver's license. It's crucial to understand this process and act quickly to protect your driving privileges. This guide provides immediate, practical information to help you navigate the license suspension process and the Administrative License Revocation (ALR) hearing in Washington, Texas. Remember, time is of the essence!

Your License After a DUI Arrest in Washington

In Texas, a DUI arrest triggers two separate legal actions: a criminal case in court and an administrative case handled by the Texas Department of Public Safety (DPS). While the criminal case deals with the charges against you (DUI, DWI, etc.), the administrative case focuses solely on your driver's license. This means your license can be suspended even if you are ultimately found not guilty in criminal court. Understanding this distinction is critical. This guide focuses on the administrative process and your ability to challenge a license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Washington, Texas, you have an extremely limited time to request an Administrative License Revocation (ALR) hearing to challenge the potential suspension of your driver's license. You MUST request this hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your license. No exceptions!

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

• How to Request: You can request the hearing online, by phone, or by mail. It's strongly recommended to submit your request in writing (mail or online) to have proof of submission.

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request").

• Phone: Call the Texas DPS at the number provided on your DIC-24 form (the "Notice of Suspension" form the officer gave you). Be aware that phone requests can be difficult to prove if there are issues.

• Mail: Send a written request to the address provided on your DIC-24 form. Use certified mail with return receipt requested to ensure proof of delivery.

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 (Washington County)

• 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, and you will lose your opportunity to challenge the suspension administratively. This makes the 15-day deadline the most critical aspect of this process.

Automatic License Suspension

The Texas DPS can automatically suspend your driver's license based on the circumstances of your DUI arrest. The reason for the suspension depends on whether you submitted to chemical testing (breath or blood) and, if so, the results.

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 for 90 days for a first offense.

• Temporary Permit Valid Until Hearing or Suspension Begins: The DIC-24 form you received at the time of your arrest serves as a temporary driving permit, typically valid for 40 days. This permit remains valid until either your ALR hearing is held (and the suspension is upheld), or until the suspension period begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty. Your license will be suspended for 180 days for a first refusal.

• 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 chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a longer suspension period.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license before it takes effect.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is entirely separate from your criminal case. The outcome of the ALR hearing does not necessarily 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 there was sufficient evidence to justify your arrest for DUI and whether the legal requirements for suspending your license were met.

• 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 show that it is more likely than not (a preponderance of the evidence) that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): If you believe there are factors that could challenge the basis for your arrest (e.g., improper stop, faulty breathalyzer, medical condition affecting BAC), gather any supporting evidence. This might include witness statements, video footage (if available), or medical records.

• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A DUI attorney experienced in Washington County, Texas, can help you understand your rights, gather evidence, and represent you at the hearing. They can also cross-examine witnesses and present legal arguments on your behalf. This is highly recommended.

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

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the breath or blood test results were accurate and reliable.

• Whether you actually refused to submit to testing (if applicable).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and you will retain your driving privileges.

• Restricted/Hardship License Granted: In some cases, even if your license suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in Texas

While Washington County is a Tier 3 county with a small population, the state of Texas provides options for individuals facing license suspensions to obtain a restricted license.

• Eligibility Requirements: Eligibility for a hardship license typically depends on factors such as the reason for the suspension, your driving record, and your need to drive for essential purposes. You will generally need to prove that the suspension is causing you undue hardship and that you need to drive to maintain employment, attend school, or receive necessary medical treatment.

• What You Can Drive For (Work, School, Medical): A hardship license usually restricts your driving to specific purposes, such as driving to and from work, school, medical appointments, or other essential activities.

• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are also associated court costs and fees.

• IID Requirement: In many cases, obtaining a hardship license requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting your car, and it prevents the vehicle from starting if alcohol is detected.

Getting Your License Back

Even after the ALR process and criminal case conclude, you will need to take specific steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:

• Paying a reinstatement fee to the Texas DPS.

• Providing proof of financial responsibility (SR-22 insurance).

• Completing any required alcohol education or treatment programs.

• Satisfying any other court-ordered requirements.

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

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS, verifying that you have the required liability insurance coverage.

• Classes/Programs that Must Be Completed: Depending on the circumstances of your case, you may be required to complete an alcohol education course or a substance abuse treatment program.

Washington DMV Offices

Because Washington County has no population, the nearest DPS offices would be in neighboring counties. Check the Texas DPS website for the most up-to-date information on locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program is often a requirement for obtaining a hardship license and may also be required as part of your criminal sentence.

• Occupational License: An occupational license allows you to drive for essential purposes even when your license is suspended. Eligibility requirements vary.

• State-Specific Programs: Consult with a DUI attorney to determine if there are any other state-specific programs that may be relevant to your case.

This guide provides a general overview of the DUI license suspension process in Washington, Texas. Because every case is unique, it is highly recommended that you consult with a qualified DUI attorney to discuss your specific situation and protect your rights. Remember the 15-day deadline to request an ALR hearing!