Wharton County License Hearing Guide

Wharton DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

Being arrested for a DUI in Wharton, Texas can be a frightening experience. Beyond the criminal charges, you're also facing the potential loss of your driver's license. Understanding the administrative process, particularly the ALR (Administrative License Revocation) hearing, is crucial to protecting your driving privileges. This guide provides immediate, practical information to help you navigate this challenging situation. Remember, time is of the essence!

Your License After a DUI Arrest in Wharton

It's important to understand that your DUI case involves two separate legal processes: a criminal case and an administrative case.

• The Criminal Case: This is the case filed in Wharton County court, where you'll face charges related to driving under the influence. The outcome of this case can result in fines, jail time, probation, and other penalties.

• The Administrative Case (ALR Hearing): This is a separate process handled by the Texas Department of Public Safety (DPS). It focuses solely on whether your driver's license should be suspended. Even if you're found not guilty in the criminal case, your license can still be suspended through the ALR process.

This guide focuses on the administrative process and the ALR hearing, which are critical for protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an ALR hearing. This is a strict deadline, and missing it will result in an automatic suspension of your driver's license. Don't delay!

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

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

• Online: Visit the Texas DPS website (www.dps.texas.gov). Look for the section on Driver License Suspension and ALR Hearings. Follow the online instructions for requesting a hearing. This is often the fastest and most convenient method.
• Phone: Call the Texas DPS at the number provided on your temporary driving permit or online. Be prepared to provide your driver's license number and other identifying information.
• Mail: Send a written request by certified mail, return receipt requested, to the address provided on your temporary driving permit or on the DPS website. Keep a copy of your request and the certified mail receipt as proof of submission.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended, typically 40 days from the date of your arrest. This means you will be unable to legally drive. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Your license can be automatically suspended based on the results of a breath or blood test, or for refusing 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 offense is typically 90 days to 1 year in Texas.
• Temporary Permit: You likely received a temporary driving permit after your arrest. This permit is valid until your ALR hearing (if requested) or until the suspension begins (if no hearing is requested or if the suspension is upheld).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. In Texas, the suspension period for refusing a test for a first offense is typically 180 days to 2 years.
• Implied Consent Law in Texas: By driving in Texas, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a suspension of your license, even if you are not ultimately convicted of DUI in the criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. It's important to remember that:

• Separate from Criminal Court: This hearing is completely separate from your criminal DUI case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether there was probable cause for your arrest and whether your BAC was above the legal limit (or if you refused testing).
• Lower Burden of Proof: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• 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. An attorney understands the complexities of DUI law and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various 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 calibrated.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's case, your license suspension will be overturned, and you will be able to continue driving.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

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

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including demonstrating a need to drive for work, school, or essential household duties.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations, such as driving to and from work, school, or medical appointments.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying associated fees.
• IID Requirement: Depending on the circumstances of your DUI arrest, 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

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

Regardless of the outcome of your ALR hearing, you will also need to address the requirements related to the criminal case.

• Reinstatement Requirements: After your suspension period ends, you must meet certain requirements to reinstate your license, including:
• Fees: Paying a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: Completing any required DUI education courses or community service.

Wharton DMV Offices

Unfortunately, Wharton itself may not have a full-service DPS office. You might need to visit a DPS office in a neighboring town. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on locations and hours of operation for the nearest DPS offices.

Important: Call ahead to confirm hours and services offered before visiting any DPS office.

Special Programs

• Ignition Interlock Device Program: If your DUI conviction requires you to install an IID, you will need to work with an approved IID provider to install and maintain the device in your vehicle.
• Occupational License: As mentioned above, this allows limited driving privileges during a suspension.
• DUI Education Programs: Texas requires completion of a DUI education program as part of the reinstatement process.

This guide provides a starting point for understanding the complexities of a Wharton DUI license suspension and the ALR hearing process. It is highly recommended that you consult with a qualified Texas DUI attorney to protect your rights and explore all available options. Don't delay – the 15-day deadline to request an ALR hearing is rapidly approaching!