Hays County License Hearing Guide

Hays DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI (Driving Under the Influence) in Hays, Texas, can be a frightening and confusing experience. You're likely worried about the criminal charges, but you also need to understand the administrative process that can lead to the suspension of your driver's license. This guide is designed to provide immediate, practical guidance on navigating the license suspension process and understanding your rights.

It's crucial to understand that the administrative process handled by the Texas Department of Public Safety (DPS) is separate from the criminal case in Hays County. This means that even if you are found not guilty in criminal court, your license can still be suspended through the administrative process. Conversely, a conviction in criminal court can also trigger a license suspension. This guide focuses on the administrative process, specifically the process of requesting an Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know right now. You only have 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline will result in an automatic suspension of your driver's license. Don't delay!

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

How to Request: You can request a hearing in one of three ways:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). Look for the online request form. This is often the fastest and most convenient option.
• Phone: Call the Texas DPS ALR Hearing office. You can find the specific phone number for the ALR Hearing office on the DPS website. Be prepared to provide your driver's license number and date of birth.
• Mail: Send a written request to the Texas DPS ALR Hearing office. Include your full 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 Hays County, Texas. Send it certified mail with return receipt requested so you have proof of timely filing. The address for mailing is also available on the DPS website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. This suspension will begin 40 days after your arrest. You will receive a notice from the DPS confirming the suspension. Once your license is suspended, driving is illegal and could lead to further legal consequences.

Automatic License Suspension

Even if you request an ALR 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, or whether you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your breath or blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first offense is typically 90 days.
• Temporary Permit: When you were arrested, the officer likely provided you with a temporary driving permit. This permit is typically valid for 40 days, allowing you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a more severe penalty. In Texas, if you refuse to provide a specimen, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas 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. Refusing to submit to a test can result in the longer license suspension, even if you are ultimately not convicted of the DUI charge in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative hearing conducted by the Texas DPS. It is completely separate from your criminal DUI case. The purpose of the ALR hearing is to determine whether there was sufficient evidence to justify your license suspension.

• Separate from Criminal Court: Remember, the outcome of the ALR hearing does not directly affect your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court, and you can lose your ALR hearing and be found not guilty in criminal court.
• Decide if License Suspension is Warranted: The hearing officer will review evidence and testimony to determine if the following elements were met:
• Whether the officer had reasonable suspicion to stop you.
• Whether there was probable cause to believe you were driving while intoxicated.
• Whether you were properly requested to submit to a breath or blood test (if applicable).
• Whether your BAC was 0.08 or higher (if a test was taken).
• 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 show that it is more likely than not that the necessary elements for suspension were met. This is a "preponderance of the evidence" standard, which is less demanding than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that might support your case. This could include:
• Witness statements from passengers or others who observed you before your arrest.
• Video footage from dashcams or body cameras (if available).
• Medical records that might explain a high BAC reading (e.g., medical condition, medication).
• Photos or videos that show you were not impaired.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hays County can be invaluable in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the local court system. They can also help you gather evidence, prepare your testimony, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the initial traffic stop.
• The officer's probable cause to believe you were intoxicated.
• The accuracy of the breath or blood test results.
• The proper administration of the breath or blood test.
• Whether you were properly informed of your rights and the consequences of refusing a test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges 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 that allows you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain an Occupational Driver's License (ODL), which allows you to drive for essential needs.

• Eligibility Requirements: You must meet specific requirements to be eligible for an ODL, including:
• Having a valid Texas driver's license at the time of the arrest.
• Demonstrating a need to drive for essential purposes.
• Not having any other active suspensions or revocations.
• What You Can Drive For: An ODL typically allows you to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: The application process for an ODL involves filing a petition with the court, providing documentation to support your need to drive, and paying court fees. You will also need to obtain SR-22 insurance.
• 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 ODL.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance.
• Completing any required alcohol education programs or community service.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Texas for drivers who have had their licenses suspended. You will need to obtain SR-22 insurance from an insurance provider and maintain it for a specified period.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case and the outcome of your criminal case, you may be required to complete an alcohol education program or community service.

Hays DMV Offices

Unfortunately, there is no DMV office directly located in Hays County. Residents typically utilize the DPS offices in neighboring counties. Here are the nearest options:

• San Marcos Driver License Office: 205 E. Hutchison St., San Marcos, TX 78666. Hours: [Check DPS Website for Current Hours]
• Kyle Driver License Office: 1303 W Center St, Kyle, TX 78640. Hours: [Check DPS Website for Current Hours]

Always check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, the IID program may be required for obtaining an ODL or for reinstating your license after a DUI conviction.
• Occupational License: Discussed above, this allows for limited driving privileges during a suspension.

This guide provides a general overview of the license suspension process following a DUI arrest in Hays, Texas. It is essential to consult with a qualified DUI attorney to discuss the specific facts of your case and to receive personalized legal advice. Remember, the 15-day deadline to request an ALR hearing is critical. Act now to protect your driving privileges!