Zavala County License Hearing Guide

Zavala DUI License Suspension & ALR Hearing

A DUI arrest in Zavala, Texas, can be a frightening experience. One of the most immediate concerns you likely have is: what happens to my driver's license? This guide will walk you through the process of license suspension after a DUI in Zavala County, focusing on the critical Administrative License Revocation (ALR) hearing and how to fight to keep your driving privileges. It’s important to understand that the ALR process is separate from the criminal DUI case. The ALR process is an administrative matter handled by the Texas Department of Public Safety (DPS), while the criminal case is handled by the Zavala County courts. This means you could face a license suspension even if you're ultimately found not guilty in criminal court.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest, you have a VERY limited time to act to protect your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This is a strict deadline. Missing it will result in an automatic suspension of your driver's license.

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

How to Request:

• Online: The fastest and often easiest way to request a hearing is online through the Texas DPS website. Look for the "ALR Hearing Request" portal on the DPS driver's license division page.
• Phone: You can call the Texas DPS at the number listed on your temporary driving permit or on the DPS website. Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: You can send a written request for a hearing to the address provided on your temporary driving permit or on the DPS website. Make sure to send it via certified mail with return receipt requested so you have proof of timely submission. Include your full name, driver's license number, date of birth, date of arrest, and 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 Texas driver's license will be automatically suspended. The suspension will begin 40 days after the date of your arrest. Don't let this happen! Act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license might still be suspended depending on the circumstances of your arrest. There are different suspension periods based on whether you took a breath or blood test and whether you refused to take one.

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: You were likely issued a temporary driving permit at the time of your arrest. This permit is valid for 40 days, allowing you to drive until your ALR hearing or until the suspension period begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty than failing one. If you refused testing, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has 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 consequences.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial for protecting your driving privileges.

What It Is

• Separate From Criminal Court: As mentioned earlier, the ALR hearing is a completely separate process from your criminal DUI case. The focus of the ALR hearing is solely on whether the DPS has sufficient evidence to suspend your license.
• Decide if License Suspension is Warranted: The ALR hearing officer will determine whether the following conditions were met:
• You were lawfully arrested for DUI.
• There was probable cause to believe you were driving while intoxicated.
• You had a BAC of 0.08 or higher, or you refused to submit to a breath or blood test.
• 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 a "preponderance of the evidence" (more likely than not) that the above conditions were met, rather than "beyond a reasonable doubt" required in a criminal case.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case, such as:
• Witness statements from anyone who can attest to your sobriety.
• Video footage (if available) that might contradict the police officer's observations.
• Medical records that might explain any physical impairments the officer misinterpreted as signs of intoxication.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Zavala County can be invaluable in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the potential defenses you can raise. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• The legality of the traffic stop.
• Whether the officer had probable cause to arrest you.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights and the consequences of refusing the test.

Possible Outcomes

There are three possible outcomes of an ALR hearing:

• 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 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, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even if your license is suspended, you might be able to obtain a hardship license, also known as an occupational license, in Texas. This allows you to drive for essential purposes, such as:

• Work

• School

• Medical appointments

• Eligibility Requirements: To be eligible for an occupational license, you must meet certain requirements, including:

• Having a valid driver's license that has been suspended.

• Demonstrating a need to drive for essential purposes.

• Not having any other active suspensions or revocations.

• Not being prohibited from obtaining an occupational license due to the nature of your offense.

• What You Can Drive For: An occupational license typically restricts you to driving only for the specific purposes outlined in your application.

• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for the license. There are court costs and filing fees associated with the application.

• IID Requirement: The court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license. This device requires you to blow into it before starting your car to ensure you haven't been drinking.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case. Typically, you'll need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any court-ordered classes or programs.
• Fees: Reinstatement fees can vary, so check with the DPS for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS, proving that you have the required liability coverage.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education course or a substance abuse treatment program as part of your sentence.

Zavala DMV Offices

Unfortunately, Zavala County is a Tier 3 county with no local DPS offices. You will need to travel to a neighboring county for DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest Driver License office and their hours of operation. You may need to make an appointment.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may require you to install an ignition interlock device (IID) in your vehicle.
• Occupational License: This has been discussed in detail above.
• State-Specific Programs: Check with your attorney and the Zavala County court to see if there are any specific programs related to DUI offenses you may be required to complete.

A DUI arrest in Zavala County can be a complex situation. Acting quickly and understanding your rights is crucial to protecting your driving privileges. Don't hesitate to seek legal advice from a qualified DUI attorney in Zavala County. They can guide you through the ALR hearing process and help you navigate the complexities of Texas DUI law. Remember to request that ALR hearing within 15 days!