Galveston County License Hearing Guide

Galveston DUI License Suspension & ALR Hearing: Save Your License!

Being arrested for DUI in Galveston, Texas, is a frightening experience. Beyond the criminal charges, you're facing the immediate threat of losing your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case and the administrative license suspension process. This guide focuses on the administrative side, specifically the steps you need to take immediately to protect your driving privileges. Time is of the essence!

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Galveston County, the Texas Department of Public Safety (DPS) may attempt to suspend your driver's license through an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your license.

Where to Request: Texas Department of Public Safety (DPS)

How to Request:

• Online: The fastest and most recommended method is to request your hearing online through the Texas DPS website. Look for the section on "ALR Hearing Request."
• Mail: You can submit a written request to the Texas DPS. To ensure it's received on time, send it via certified mail with return receipt requested. Address your request to:

Texas Department of Public Safety Driver Improvement Bureau P.O. Box 15999 Austin, TX 78761-5999

Your request should include your name, address, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Galveston County.

• Phone: While technically possible, requesting by phone is not recommended as it can be difficult to prove you made the request within the deadline.

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, regardless of the outcome of your criminal case. This suspension begins 40 days after the date of your arrest. Don't let this happen!

Automatic License Suspension

Even if you request a hearing, your license will still be subject to an automatic suspension pending the outcome of the hearing. The length of this suspension depends on whether you took a breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was at or above 0.08, your license will be suspended for 90 days if it's your first offense.
• Temporary Permit: Upon your arrest, you likely received a temporary driving permit. This permit is valid until the date of your ALR hearing or until the 40th day after your arrest if you didn't request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a significantly harsher penalty. In Texas, a first-time refusal results in a license suspension of 180 days.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusing to do so has serious consequences.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. Understanding the process is key.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• Lower Burden of Proof: 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" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or anyone who observed you before your arrest.
• Dashcam or bodycam footage (if available).
• Medical records that might explain a high BAC reading (if applicable).
• Consider Hiring a Galveston DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of a favorable outcome. They understand the legal nuances and can effectively present your case.
• 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 properly administered the breath or blood test.
• Whether the testing equipment was properly calibrated.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

• Suspension Upheld: The hearing officer rules in favor of the DPS, and your license suspension remains in effect.
• Suspension Overturned: The hearing officer rules in your favor, and your license is reinstated.
• 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 (see below).

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for a restricted license, allowing you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible, including:
• Your license must be suspended for a reason other than medical or mental incapacity.
• You must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: A restricted license typically allows you to drive only for the purposes listed above and within specific timeframes.
• Costs and Application Process: You must apply for an occupational license through the court in Galveston County. This involves filing a petition and paying court fees.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

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 (high-risk auto insurance).
• Complete any court-ordered classes or programs (e.g., DUI education program).
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is required for a specific period, typically 2-3 years.
• Classes/Programs That Must Be Completed: The court will specify any required classes or programs as part of your criminal sentence.

Galveston DPS Offices

Here are the local Galveston DPS offices where you can obtain information and handle license-related matters (always confirm hours of operation before visiting):

[Note: Currently, no specific Galveston DPS office addresses or hours are available. You will need to search the Texas DPS website for the most up-to-date information. The generic advice would be to search for "Texas DPS Office Galveston" on the DPS website.]

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with suspended licenses to drive vehicles equipped with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: As described above, this allows driving for essential purposes.

This guide provides a general overview of DUI license suspensions and ALR hearings in Galveston, Texas. It is not a substitute for legal advice. Consulting with a qualified Galveston DUI attorney is strongly recommended to protect your rights and achieve the best possible outcome in your case. Act quickly to meet the critical 15-day deadline for requesting an ALR hearing!