Caldwell County License Hearing Guide

Caldwell DUI License Suspension & ALR Hearing

A DUI arrest in Caldwell, Texas can be a frightening experience. Beyond the criminal charges, there's a separate administrative process that can lead to the suspension of your driver's license. It's crucial to understand this process and act quickly to protect your driving privileges. This guide will walk you through the steps you need to take following a DUI arrest in Caldwell, specifically focusing on the Administrative License Revocation (ALR) hearing and how to potentially avoid a license suspension. Remember, this guide is for informational purposes only and shouldn't replace advice from a qualified Texas attorney.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Caldwell, you have a very limited time to act. You MUST request an ALR hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your driver's license.

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

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

• Online: The fastest way is to use the Texas DPS Online Driver Responsibility Program at . Look for the option to request an ALR hearing.
• Phone: You can call the Texas DPS at .
• Mail: You can send a written request to the Texas DPS at . Important: Make sure your request is postmarked within the 15-day deadline. Certified mail with return receipt is highly recommended to prove you sent it on time.

What to Include in Your Written Request:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The county where you were arrested (Caldwell)
• A clear statement 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, even if you are later found not guilty in criminal court. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to 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 is typically 90 days for a first offense in Texas. However, this can be longer based on aggravating factors.
• Temporary Permit: At the time of your arrest, you should have been issued a temporary driving permit. This permit is valid until your ALR hearing, or until 40 days after your arrest if you don't request a hearing.

If You Refused Testing

Refusing to take a breath or blood test carries a harsher penalty than failing the test.

• Refusal Penalty: If you refused to provide a breath or blood sample, your license will be suspended for 180 days for a first offense in Texas. This is double the suspension period for failing the test.
• Implied Consent Law in Texas: Texas, like all 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 submit to testing can result in the penalties described above.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: It's important to understand that the ALR hearing is a completely separate proceeding from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended based on the outcome of the ALR hearing.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient legal grounds to suspend your driver's 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 they had "reasonable suspicion" to stop you and "probable cause" to believe you were driving while intoxicated.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam video (if available), medical records, or anything else that could cast doubt on the DPS's case.
• Consider Hiring a DUI Attorney: A skilled DUI attorney can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal nuances of these hearings and can effectively argue on your behalf.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to believe you were intoxicated.
• Whether the breath/blood test was administered properly.
• Whether you were properly informed of your rights (including the consequences of refusing testing).

Possible Outcomes

• Suspension Upheld: If the hearing officer rules in favor of the DPS, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer rules in your favor, the suspension will be overturned, and your license will be reinstated.
• 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

Even if your license is suspended, you may be able to obtain a hardship license, also known as an occupational license, that allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must demonstrate that you need to drive for essential purposes such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An occupational license typically restricts you to driving only for the purposes listed above. You will likely have restrictions on the times of day and routes you can take.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court in the county where you reside or where the offense occurred (Caldwell County). You will need to provide documentation to support your need to drive. There are court costs associated with the application.
• IID Requirement: The court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an occupational license.

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

The reinstatement process can vary depending on the outcome of your criminal case.

• Reinstatement Requirements: Generally, to reinstate your license, you will 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 (e.g., DWI education program).
• Fees: The reinstatement fee is typically around $.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS. You will likely be required to maintain SR-22 insurance for a period of time (usually 2-3 years) after your DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI education program or other related classes as a condition of your probation or as part of your sentence. You will need to provide proof of completion to the Texas DPS.

Caldwell DMV Offices

Since Caldwell has no population, the nearest DPS office is likely in a neighboring town or city. Please contact the Texas DPS to locate the closest driver's license office. You can find information on the Texas DPS website or by calling them at .

Special Programs

• Ignition Interlock Device Program: As mentioned above, you may be required to install an IID on your vehicle as a condition of obtaining an occupational license or as part of your criminal sentence. The IID requires you to blow into a device before starting your car to ensure you are not under the influence of alcohol.
• Occupational License: This has been discussed above.
• DWI Education Program: This is a mandatory program for many DUI offenders in Texas. It provides education about the dangers of drunk driving and helps individuals understand the consequences of their actions.

This guide provides a general overview of the license suspension and ALR hearing process in Caldwell, Texas. It's essential to remember that every case is unique, and the specific requirements and procedures may vary. Contacting a qualified DUI attorney is highly recommended to protect your rights and navigate this complex legal process. Don't delay – the 15-day deadline is critical!