Brown County License Hearing Guide

Brown DUI License Suspension & ALR Hearing

Being arrested for a DUI in Brown, Texas can be a frightening experience. Beyond the potential criminal penalties, one of the most immediate concerns is the potential loss of your driver's license. It's crucial to understand the administrative process separate from the criminal case, and the tight deadlines involved to protect your driving privileges. This guide provides immediate, practical information to help you navigate the license suspension process after a DUI arrest in Brown County.

Your License After a DUI Arrest in Brown

After a DUI arrest in Brown, Texas, you're facing two separate legal battles: a criminal case and an administrative license suspension. The criminal case deals with the actual DUI charge and potential jail time, fines, and other penalties. The administrative process, handled by the Texas Department of Public Safety (DPS), focuses solely on your driving privileges. This guide focuses on the administrative process and your license suspension.

It's important to remember that even if you are found not guilty in the criminal case, your license can still be suspended through the administrative process. Understanding this distinction is the first step in protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is an absolute deadline. Missing it will result in an automatic suspension of your driver's license.

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request"). Look for the online request form.
• Phone: Call the Texas DPS at the number provided on the paperwork given to you by the arresting officer. If you don't have the paperwork, search "Texas DPS ALR Hearing Phone Number" online. Be prepared for potential wait times.
• Mail: Send a written request to the address provided on the paperwork you received. If you don't have the paperwork, search "Texas DPS ALR Hearing Address" online. Be sure to send it certified mail with return receipt requested to prove you mailed it within the 15-day deadline.

What to Include in Your Written Request:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• The date of your arrest
• The county where you were arrested (Brown 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. The length of the suspension depends on whether you took a breath/blood test and failed or refused to take one. Don't let this happen to you. Act now!

Automatic License Suspension

The consequences of a DUI arrest in Brown, Texas, include an automatic license suspension, the length of which depends on whether you submitted to chemical testing (breath or blood) and the results, or if you refused to be tested.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will be suspended.

• BAC over 0.08: The suspension period for a first-time offense is typically 90 days to 1 year. The exact length will depend on the specific circumstances of your case and any prior offenses.
• Temporary Permit: The paperwork you received at the time of your arrest likely includes a temporary driving permit. This permit is typically valid for 40 days and allows you to drive until your ALR hearing (if requested) or until the suspension officially begins.

If You Refused Testing

Refusing to take a breath or blood test carries more severe penalties than failing one.

• Refusal Penalty: In Texas, refusing to submit to chemical testing will result in a license suspension of 180 days to 2 years for a first offense. This is a much longer suspension than if you had taken the test and failed.
• 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. Refusing to do so has consequences, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges after a DUI arrest in Brown.

What It Is

• Separate from Criminal Court: This is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not determine guilt or innocence in the criminal case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is justified. This is a lower standard than the "beyond a reasonable doubt" required in criminal court.

How to Prepare

Preparing for your ALR hearing is essential. You should:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, receipts, or anything that questions the validity of the arrest or the BAC reading.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the law, the procedures, and can effectively represent you at the hearing. An attorney can help you gather evidence, prepare your arguments, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the following at the ALR hearing:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• Whether the breath or blood test results were accurate and reliable.

Possible Outcomes

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

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted license, often called an Occupational License, allowing you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must typically demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: An occupational license will specify the times and locations you are permitted to drive.
• Costs and Application Process: You will need to file a petition with the court and provide documentation to support your need for the license. There are court fees associated with the application.
• 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 occupational license. This device requires you to blow into it before starting the car to ensure you have not consumed alcohol.

Getting Your License Back

After your license suspension period has ended and your criminal case has concluded, you will need to take steps 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 completion of any court-ordered classes or programs (e.g., a DUI education course).
• Fees: Check the Texas DPS website for the current reinstatement fee.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs that Must Be Completed: The court may order you to complete a DUI education course, alcohol awareness program, or community service.

Brown DMV Offices

Unfortunately, Brown County itself doesn't have a full-service DPS office. You'll likely need to visit a nearby county. Check the Texas DPS website (search "Texas DPS Office Locator") for the most up-to-date information on office locations, hours, and services offered. Common locations include:

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required for an occupational license or as a condition of probation after a DUI conviction.
• Occupational License: This allows you to drive for essential purposes during a license suspension.
• [Research and insert any other relevant state-specific programs available in Texas for DUI offenders.]

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified attorney to discuss the specific facts of your case and to receive personalized legal guidance. The information provided regarding penalties, fees, and procedures is subject to change, and it is your responsibility to verify this information with the appropriate authorities.