Comal County License Hearing Guide

Comal DUI License Suspension & ALR Hearing: A Critical Guide

If you've just been arrested for Driving Under the Influence (DUI) in Comal County, Texas, you're likely feeling overwhelmed. It's essential to understand that you are facing two separate legal battles: a criminal case in court and an administrative process related to your driver's license. This guide focuses on the administrative side – specifically, your driver's license suspension and the Administrative License Revocation (ALR) hearing process. This is time-sensitive, so act quickly!

The outcome of the ALR hearing significantly impacts your ability to drive legally. This guide provides immediate, practical information to help you navigate this critical process.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline. Missing it will result in the automatic suspension of your driver's license. Don't delay!

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

How to Request: You have several options:

• Online: The DPS website (www.dps.texas.gov) usually has a section dedicated to ALR hearings. Look for keywords like "ALR Hearing Request" or "Driver License Suspension."
• Phone: Call the DPS Driver License Division. Be prepared for potential wait times. You can find the relevant phone number on the DPS website.
• Mail: Send a written request to the DPS office responsible for ALR hearings. It's crucial to send it via certified mail with return receipt requested to prove you met the deadline. Include the following information:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• The arresting agency (e.g., Comal County Sheriff's Office, New Braunfels Police Department)
• A clear statement requesting an ALR hearing.

What Happens If You Miss the Deadline?

If you fail to request a hearing within the 15-day window, your Texas driver's license will be automatically suspended, effective 40 days after your arrest. This means you won't be able to legally drive until the suspension period ends, and you've met all reinstatement requirements.

Automatic License Suspension

Even if you request an ALR hearing, your license will still be temporarily suspended pending the outcome of the hearing. Here's what to expect based on whether you took a breath or blood test:

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 if the ALR hearing upholds the suspension. The suspension period is typically 90 days for a first offense.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the automatic suspension begins (40 days after your arrest if you don't request a hearing).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a stiffer penalty in Texas. If you refused, and the ALR hearing upholds the suspension, your license will be suspended for a significantly longer period – typically 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've implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to do so has consequences, including license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the Texas DPS and focuses solely on whether your driver's license should be suspended. Key things to remember:

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• Decides License Suspension: The sole purpose is to determine if there was probable cause for your arrest and if your BAC was at or above the legal limit, or if you refused to submit to testing.
• Lower Burden of Proof: The DPS has a lower burden of proof than the prosecution in your criminal case. They only need to show "a preponderance of the evidence" (more likely than not) to suspend your license.

How to Prepare

Proper preparation is crucial for a successful ALR hearing. Here's what you should do:

• Gather Evidence: Collect any evidence that might support your case. This could include:
• Witness statements (if anyone can attest to your sobriety)
• Video footage (if available, such as from a dashboard camera)
• Medical records (if you have a medical condition that could affect BAC readings)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Comal County can be invaluable. They understand the ALR hearing process, can represent you at the hearing, cross-examine witnesses, and present legal arguments on your behalf.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• Lack of probable cause for the initial traffic stop
• Improper administration of the breath or blood test
• Issues with the testing equipment
• Challenges to the validity of the blood draw

Possible Outcomes

The ALR hearing can have one of three main outcomes:

• Suspension Upheld: The DPS upholds the license suspension. You will not be able to drive legally until the suspension period ends and you meet all reinstatement requirements.
• Suspension Overturned: The DPS overturns the license suspension. Your driving privileges are reinstated immediately (unless you are facing other license restrictions).
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (discussed below).

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), also known as a hardship license, which allows you to drive for essential purposes while your license is suspended.

• Eligibility Requirements: You must demonstrate a need to drive for:
• Work
• School
• Essential household duties
• Medical needs (your own or those of a dependent)
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to the reasons listed above.
• Costs and Application Process: Applying for an ODL involves:
• Filing a petition with the court
• Providing evidence of your need to drive
• Paying court fees
• Obtaining SR-22 insurance (proof of financial responsibility)
• IID Requirement: Depending on the circumstances of your DUI arrest and your criminal case, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps:

After Criminal Case Concludes

• Reinstatement Requirements: You must:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance coverage (maintained for a specified period, typically 2-3 years).
• Complete any court-ordered classes or programs (e.g., DUI education, alcohol awareness).
• Fees: Reinstatement fees vary but are typically a few hundred dollars.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS, verifying that you have the required liability coverage.
• Classes/Programs: The court may order you to complete DUI education, alcohol awareness programs, or community service.

Comal DMV Offices

Finding the right DMV office can be tricky. Here are a few locations you can try, but be sure to check their website for the most accurate and up-to-date information, including hours and services offered:

• Texas Department of Public Safety (DPS) Driver License Mega Center (San Antonio - likely the closest mega center): Check the DPS website for the address and hours.
• Check the DPS website for authorized third-party providers in Comal County: These providers may offer limited driver license services.

Important: It's always best to call ahead to confirm hours of operation and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As described above, this allows restricted driving privileges during a suspension.

This guide provides general information and should not be considered legal advice. Consult with a qualified Comal County DUI attorney as soon as possible to protect your rights and navigate the complexities of your case. Time is of the essence!