Cameron County License Hearing Guide

Cameron DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI in Cameron, Texas can be a frightening experience. Beyond the criminal charges, you also face the very real possibility of losing your driver's license. It's crucial to understand that the process of suspending your license is separate from your criminal case. This administrative process, handled by the Texas Department of Public Safety (DPS), can result in a license suspension even if you are ultimately found not guilty in criminal court. This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in Cameron County.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the single most important thing you need to know. You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the 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 through the following methods:

• Online: The DPS website has a section dedicated to ALR hearings where you can submit your request electronically. Search for "Texas DPS ALR Hearing Request" to find the correct page.
• Mail: You can mail a written request to the address provided on the Notice of Suspension you received from the officer at the time of your arrest. Keep a copy of your request for your records.
• Phone: While not the preferred method, you may be able to request a hearing by calling the DPS directly. However, it is highly recommended to use the online or mail methods to have proof of your request. Check the DPS website for the current phone number.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within the 15-day deadline, your license will be automatically suspended. This suspension will begin 40 days after the date of your arrest. Missing this deadline severely limits your options, so act quickly!

Automatic License Suspension

Texas law mandates an automatic license suspension under certain circumstances following a DUI arrest. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused to submit to testing.

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 length of the suspension for a first offense is typically 90 days to 1 year.

You likely received a temporary permit at the time of your arrest. This permit is generally valid until the date of your ALR hearing or until the suspension officially begins (40 days after the arrest if no hearing is requested).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for a period of 180 days for a first offense.

Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this implied consent carries significant consequences, including the longer license suspension.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. It's important to understand what this hearing is, how to prepare, and what the possible outcomes are.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil administrative proceeding, completely separate from the criminal DUI case. This means that even if you are acquitted of the criminal charges, your license can still be suspended through the ALR process.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether sufficient evidence exists to justify the suspension of your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DPS must only prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court. This means it's easier for the DPS to suspend your license than it is to convict you of a DUI.

How to Prepare

Proper preparation is essential for a successful ALR hearing. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, photographs, or any other documentation that challenges the DPS's claims.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can effectively present your case, and can challenge the DPS's evidence. They can also negotiate with the DPS on your behalf.
• 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 had reasonable suspicion to request a breath or blood test.
• Whether the breath or blood test was administered properly.
• Whether the testing equipment was properly maintained and calibrated.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has presented sufficient evidence to justify the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, 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, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a hardship license, in Texas. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: To be eligible for an ODL, you must meet certain requirements, including:
• Your license must be suspended for a reason other than a medical condition.
• You must demonstrate a need to drive for essential purposes.
• You must file a petition with the court in the county where you reside or where the offense occurred.
• What You Can Drive For: An ODL typically allows you to drive to and from work, school, medical appointments, and essential household duties. The judge will specify the permitted times and locations in the ODL order.
• Costs and Application Process: The application process involves filing a petition with the court, paying court fees, and obtaining SR-22 insurance. You may also need to provide documentation to support your need for an ODL.
• IID Requirement: Depending on the circumstances of your DUI arrest, the judge may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Once your suspension period has ended and you've met all the necessary requirements, you can reinstate your driver's license. The reinstatement process involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance.
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies, so check the DPS website for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance. You will likely need to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case and the court's orders, you may be required to complete alcohol education programs, community service, or other court-ordered requirements before your license can be reinstated.

Cameron DMV Offices

Unfortunately, Cameron, Texas, does not have a dedicated DPS office. Residents typically need to travel to nearby cities to access DPS services. Please check the Texas DPS website for the most up-to-date information and locations of nearby driver's license offices. Some larger towns near Cameron include:

Always confirm hours of operation before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has a mandatory IID program for certain DUI offenders. This program requires you to install a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: As discussed earlier, an occupational license allows you to drive for essential purposes during a license suspension.
• Texas Specific Programs: Check with your attorney or the Texas DPS for any other state-specific programs that may be available to you.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Cameron, Texas. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with an experienced DUI attorney to discuss your specific situation and protect your rights. Time is of the essence, so act quickly to protect your driving privileges.