Guadalupe County License Hearing Guide

Guadalupe DUI License Suspension & ALR Hearing

A DUI arrest in Guadalupe, Texas can be a frightening experience. Beyond the criminal charges, you're also facing a separate, administrative process that could lead to the suspension of your driver's license. This administrative process is completely independent of your criminal case, meaning you can lose your driving privileges even if the criminal charges are eventually dismissed or reduced. This guide outlines everything you need to know about your license suspension and the crucial Administrative License Revocation (ALR) hearing.

Your License After a DUI Arrest in Guadalupe

Following a DUI arrest, your license is at immediate risk. The Texas Department of Public Safety (DPS) initiates an administrative process to determine if your license should be suspended. This process is separate from the criminal court proceedings related to your DUI charge. Even if you are found not guilty in criminal court, the DPS can still suspend your license through the ALR process. Understanding this distinction is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an ALR hearing. This deadline is strictly enforced. Missing this deadline will result in an automatic suspension of your driver's license.

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

How to Request: You can request the hearing through one of the following methods:

• Online: Visit the Texas DPS website and navigate to the ALR hearing request section. Look for keywords like "ALR Hearing Request" or "Driver License Suspension Hearing."
• Phone: Contact the Texas DPS Driver License Division. The phone number can be found on the DPS website. Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: Send a written request for an ALR hearing to the Texas DPS address designated for ALR hearing requests. The address can be found on the DPS website. Make sure to send it certified mail with return receipt requested to prove you sent it within the 15-day deadline.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule. Do not delay.

Automatic License Suspension

The Texas DPS will automatically suspend your license under certain circumstances following a DUI 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 length of the suspension varies, but generally, a first offense results in a suspension of up to 90 days.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is usually valid until the ALR hearing date or until the suspension period begins if you didn't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

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

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for a longer period, typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your implied consent to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to the test can result in the longer suspension mentioned above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative hearing conducted by the Texas DPS to determine whether your driver's license should be suspended. It's crucial to understand that this is a separate process from the criminal case against you.

• Separate from Criminal Court: The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if the DPS had sufficient evidence to arrest you for DUI and whether your BAC was above the legal limit or if you refused to submit to testing.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence (witness statements, video, etc.): Collect any evidence that supports your case. This could include witness statements, dashcam footage, or any other relevant information.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can be invaluable. They can help you understand the process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including the legality of the traffic stop, the accuracy of the breath or blood test, and whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes.

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period.
• Suspension Overturned: If the DPS fails to prove its case, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, 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 able to obtain an occupational license, also known as a hardship license.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You must also meet certain other requirements, such as not having any other license suspensions or revocations.
• What You Can Drive For (work, school, medical): An occupational license typically allows you to drive only for specific purposes, such as commuting to and from work, attending school, or going to medical appointments.
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are also associated court costs and 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 an occupational license.

Getting Your License Back

After your suspension period ends and the criminal case concludes (regardless of the outcome), 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.
• Fees: The reinstatement fee varies, but it is typically around $125.
• 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: You may be required to complete a DUI education program or other court-ordered classes.

Guadalupe DMV Offices

Unfortunately, there are no dedicated DPS offices located directly within Guadalupe, Texas. You will likely need to visit a DPS office in a nearby city. Here are some options:

• Seguin DPS Driver License Office:
• New Braunfels DPS Driver License Office:

It is always recommended to check the Texas DPS website for the most up-to-date information on office locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: The ignition interlock device (IID) program requires drivers convicted of DUI to install a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As previously discussed, an occupational license allows you to drive for essential purposes during a license suspension.
• Alcohol Education Program: Completion of an alcohol education program is often required as part of a DUI sentence.

Remember, time is of the essence after a DUI arrest. Requesting your ALR hearing within the 15-day deadline is crucial to protecting your driving privileges. Consulting with a qualified DUI attorney is highly recommended to ensure you understand your rights and options.