Austin County License Hearing Guide

Austin DUI License Suspension & ALR Hearing: Fight to Keep Your Driving Privileges

Being arrested for a DUI in Austin, Texas, can be a terrifying experience. Besides the criminal charges, you're also facing the potential loss of your driving privileges. It's crucial to understand that there are two separate processes at play: the criminal case and the administrative case, which deals with your driver's license. This guide focuses on the administrative process and the steps you need to take immediately to protect your license.

Your License After a DUI Arrest in Austin

After a DUI arrest in Austin, the Texas Department of Public Safety (DPS) will initiate an administrative process to determine whether your driver's license should be suspended. This is separate from your criminal case. Even if you are ultimately found not guilty in court, your license can still be suspended through the administrative process. This process begins with the Administrative License Revocation (ALR) hearing. Understanding this dual system is the first step in protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know right now. If you want to challenge the suspension of your driver's license, you must request an ALR hearing within 15 days of your arrest. Missing this deadline means your license will be automatically suspended. No exceptions.

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

• How to request: You can request the hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website and navigate to the Driver License Division, then the ALR hearing request section. Look for forms or instructions specific to ALR hearings.

• Phone: Call the Texas DPS at the number listed on the paperwork you received during your arrest. Be prepared to provide your driver's license number and other identifying information.

• Mail: Send a written request to the address provided on your arrest paperwork. Include your full name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing. Send it certified mail with return receipt requested so you have proof of timely submission.

• What happens if you miss the deadline: If you miss the 15-day deadline, your license will be automatically suspended. The length of the suspension depends on whether you failed or refused the breath/blood test. There is very little recourse once the deadline passes.

Automatic License Suspension

The Texas DPS will automatically initiate a license suspension process based on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (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 officer likely gave you a temporary driving permit. This permit is typically valid for 40 days, giving you time to request and potentially have your ALR hearing before the suspension goes into effect. If you request a hearing, the permit remains valid until the hearing outcome.

If You Refused Testing

• Refusal penalty: Refusing to take a breath or blood test results in a longer suspension period. In Texas, a first-time refusal carries a 180-day license suspension.
• 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 comply can result in administrative penalties, as described above, regardless of the outcome of the criminal case.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to contest the suspension of your driver's license.

What It Is

• Separate from criminal court: It's crucial to remember that the ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decide if license suspension is warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient grounds to suspend your license.
• 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 prove that it is more likely than not that you were driving while intoxicated. This is a "preponderance of the evidence" standard.

How to Prepare

Preparing for your ALR hearing is critical. A successful outcome can save you months of license suspension.

• Gather evidence (witness statements, video, etc.): Collect any evidence that supports your case. This could include witness statements, dashcam footage (if available), or anything that challenges the accuracy of the breath/blood test or the legality of the traffic stop.
• Consider hiring a DUI attorney: A DUI attorney experienced with Texas ALR hearings can significantly increase your chances of a favorable outcome. They understand the law, the procedures, and the arguments that are most likely to succeed. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand what you can challenge: You can challenge various aspects of the 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 the breath/blood test.
• Whether the breath/blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension upheld: The hearing officer finds that the DPS had sufficient grounds to suspend your license, and the suspension will proceed.
• Suspension overturned: The hearing officer finds that the DPS did not have sufficient grounds to suspend your license, and your license will not be suspended.
• Restricted/hardship license granted: In some cases, the hearing officer may grant a restricted license, also known as an occupational license, allowing you to drive for essential purposes, such as work, school, or medical appointments (more on this below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted license, also known as an Occupational License (OL), in Texas.

• Eligibility requirements: You must meet certain eligibility requirements to obtain an OL, including:
• Your license must be suspended due to a DUI.
• You must be employed or need to drive for essential household duties.
• You must not have any other active suspensions.
• What you can drive for (work, school, medical): An OL allows you to drive for essential purposes, such as traveling to and from work, school, medical appointments, and essential household duties.
• Costs and application process: The application process involves filing a petition with the court, obtaining a court order, and then submitting the order to the DPS. There are court fees and DPS fees associated with obtaining an OL.
• IID requirement: In many cases, you will be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an OL. An IID is a device that requires you to blow into it before starting your car. If the device detects alcohol, the car will not start.

Getting Your License Back

Once your suspension period is over, there are steps you need to take to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement requirements: You will likely need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (a certificate of financial responsibility).
• Complete any court-ordered classes or programs.
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 insurance requirement: An SR-22 is a certificate of financial responsibility that your insurance company files with the DPS, proving that you have the minimum required liability insurance. You may be required to maintain SR-22 insurance for a period of time, typically two to three years.
• Classes/programs that must be completed: Depending on the specifics of your case and the court's orders, you may be required to complete a DWI education program or a community service requirement.

Austin DMV Offices

Here are some local DPS offices in the Austin area where you can address license-related matters:

• Austin Mega Center: 911 W Anderson Ln, Austin, TX 78757 (Hours: Check DPS website as they vary)
• North Austin DPS: 12331 N Lamar Blvd, Austin, TX 78753 (Hours: Check DPS website as they vary)
• South Austin DPS: 4005 S Lamar Blvd, Austin, TX 78704 (Hours: Check DPS website as they vary)

Important: Always check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office hours and services offered.

Special Programs

• Ignition interlock device program: As mentioned earlier, an IID may be required for a restricted license or as part of your sentence in the criminal case.
• Occupational license: As described above, this allows limited driving privileges for essential purposes.
• Texas DWI Education Program: This is a mandatory program for individuals convicted of DWI in Texas. It provides education about the dangers of drunk driving and strategies for avoiding future offenses.

Disclaimer: This information is for general guidance only and does not constitute legal advice. It is essential to consult with a qualified attorney in Austin, Texas, to discuss the specific details of your case and to receive personalized advice.