Webb County License Hearing Guide

Webb DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Webb County, Texas? Time is of the essence. Your driver's license is on the line, and you need to act fast to protect your driving privileges. This guide provides critical information about the Administrative License Revocation (ALR) process and how to navigate the license suspension you're facing.

It's important to understand that a DUI arrest triggers two separate legal processes:

• Criminal Case: This deals with the criminal charges against you in court.
• Administrative License Revocation (ALR) Case: This is completely separate and deals only with your driver's license. The ALR process is handled by the Texas Department of Public Safety (DPS).

Even if the criminal charges are dropped, you can still lose your license through the ALR process. That's why understanding your rights and deadlines is crucial.

CRITICAL DEADLINE: Request 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. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means your license will be automatically suspended.

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

How to Request: You can request an ALR hearing in one of three ways:

• Online: Visit the Texas DPS website. Look for the "Driver License" or "ALR Hearing Request" section. This is often the fastest and easiest method.
• Phone: Call the Texas DPS Driver License Division. The phone number can be found on the DPS website or your DUI paperwork. Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: Send a written request for an ALR hearing to the Texas DPS. The address can be found on the DPS website or your DUI paperwork. Make sure to send it via certified mail with return receipt requested, so you have proof of delivery.

What to Include in Your Written Request:

• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• The date of your arrest
• 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 of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule, so don't delay!

Automatic License Suspension

The Texas DPS will automatically suspend your license under certain circumstances related to your DUI 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 depends on whether this is your first offense or a subsequent offense. For a first offense, expect a suspension period of 90 days to 1 year.
• Temporary Permit: After your arrest, you should have received a temporary driving permit. This permit is typically valid until your ALR hearing or until the suspension officially begins. Pay close attention to the expiration date.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test. In Texas, refusing testing for a first offense results in a license suspension of 180 days.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this implied consent results in the automatic suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal DUI case. It's conducted by an administrative law judge (ALJ) and focuses solely on whether the DPS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of your ALR hearing does not directly impact your criminal case, and vice-versa.
• Decides if License Suspension is Warranted: The ALJ will review the evidence presented by the DPS and any evidence you or your attorney present to determine if the suspension is justified.
• 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 "a preponderance of the evidence" (meaning it's more likely than not) that you were driving while intoxicated.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam footage or other video evidence
• Medical records
• Any documentation that challenges the accuracy of the breath or blood test
• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They can also help you understand the legal complexities of the ALR process and increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the police officer had probable cause to stop you.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly maintained.
• Whether you were actually intoxicated.

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• 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

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL). This allows you to drive for essential purposes, even while your license is suspended.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate that you need to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL typically restricts you to driving only for the purposes listed above. You may also be restricted to certain times of day and specific routes.
• Costs and Application Process: The application process for an ODL involves filing a petition with the court, paying a fee, and providing evidence of your need to drive. You’ll need to get a court order granting the ODL and then take that order to the DPS to get the actual license.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After your suspension period ends, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education programs or community service.
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that you must obtain from your insurance company. It proves that you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete an alcohol education program or community service.

Webb DMV Offices

Unfortunately, Webb County has a sparse population, so direct DMV office information is difficult to provide. However, here are some resources to locate the nearest DPS offices. Please note that it is crucial to check the DPS website for the most up-to-date information and hours of operation:

• Texas Department of Public Safety Website: https://www.dps.texas.gov/ Use the "Driver License Office Locator" on this site to find the nearest office. You may need to travel to a neighboring county.
• Remember to call ahead: Always call the DPS office before you go to confirm their hours of operation and any specific requirements for your visit.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory IID program for certain DUI offenders. If you are required to install an IID, you will need to work with an approved IID provider.
• Occupational License: As described above, an ODL allows you to drive for essential purposes while your license is suspended.

Disclaimer: This guide is for informational purposes only and should not be considered legal advice. If you have been arrested for DUI in Webb County, Texas, you should consult with a qualified DUI attorney as soon as possible.