Johnson County License Hearing Guide

Johnson DUI License Suspension & ALR Hearing

Being arrested for a DUI in Johnson, Texas can be a frightening and confusing experience. Besides the criminal charges, your driver's license is immediately at risk. This guide explains the administrative process surrounding your license suspension and the critical steps you must take to protect your driving privileges. Understanding this process is crucial because the consequences of a suspended license can significantly impact your job, family, and overall life. It's important to understand that the administrative process, handled by the Texas Department of Public Safety (DPS), is completely separate from the criminal case. One can proceed even if the other is dismissed.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is a hard deadline. Missing it results in an automatic suspension of your driver's license. Don't delay!

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

How to Request: You can request the hearing online, by phone, or by mail. It's strongly recommended to request the hearing in writing and keep a copy for your records as proof you met the deadline.

• Online: Visit the Texas DPS website (search for "ALR hearing request Texas DPS"). Look for the online portal to submit your request.
• Phone: Call the Texas DPS at their designated ALR hearing request number (search for "Texas DPS ALR hearing request phone number"). Be prepared to provide your driver's license information and the details of your arrest.
• Mail: Send a written request to the address provided on your temporary driving permit or by searching the Texas DPS website for the correct address for ALR hearing requests. Your written request should include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The arresting agency (e.g., Johnson County Sheriff's Office)
• A clear statement that you are requesting an ALR hearing.
• Your current mailing address.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your Texas driver's license will be automatically suspended. There is very little recourse if you miss this deadline.

Automatic License Suspension

Your license suspension following a DUI arrest depends on whether you took a breath or blood test and the results, or if you refused to take a 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. The suspension period for a first offense is typically 90 days to 1 year. The exact length depends on the specific circumstances of your case and whether there were any aggravating factors.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is valid for 40 days from the date of your arrest. It allows you to drive until your ALR hearing or until the suspension period begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty. In Texas, a first-time refusal results in a license suspension of 180 days.
• Implied Consent Law in Texas: Texas, like most states, 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 requested by a law enforcement officer. Refusal to do so can lead to the longer suspension described above, regardless of whether you are ultimately convicted of the DUI itself.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Texas DPS, completely separate from your criminal DUI case. This means that even if your criminal case is dismissed or you are found not guilty, your license could still be suspended based on the outcome of the ALR hearing.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license. The hearing officer will consider factors such as whether the officer had reasonable suspicion to stop you, whether you were lawfully arrested, and whether your BAC was above the legal limit (if applicable) or if you refused 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 the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case. This may include:
• Witness Statements: Statements from passengers or other witnesses who can testify about your sobriety.
• Video Evidence: Any dashcam footage or surveillance video that might be relevant.
• Medical Records: If you have a medical condition that could have affected your performance on field sobriety tests or your BAC reading, provide relevant medical documentation.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Johnson County ALR hearings can be invaluable. They can help you understand the process, gather evidence, prepare your case, and represent you at the hearing. An attorney can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Reasonable Suspicion for the Stop: Did the officer have a valid reason to stop your vehicle?
• Probable Cause for the Arrest: Did the officer have probable cause to believe you were driving while intoxicated?
• Accuracy of the Breath/Blood Test: Were the breath or blood testing procedures followed correctly? Was the testing equipment properly calibrated and maintained?
• Validity of the Refusal: Were you properly informed of the consequences of refusing to take a breath or blood 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 restored.
• 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

A hardship or restricted license allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: To be eligible for a hardship license in Texas, you must typically demonstrate that you need to drive for:
• Work: To maintain your employment.
• School: To attend educational programs.
• Essential Household Duties: Such as grocery shopping or taking children to school.
• Medical Needs: For yourself or a dependent.
• What You Can Drive For: A hardship license will specify the times and locations you are permitted to drive. Generally, it will be restricted to the purposes listed above.
• Costs and Application Process: The application process for a hardship license involves filing a petition with the court and providing supporting documentation. There are court fees associated with the application. Contact your attorney for specific costs.
• IID Requirement: Depending on the circumstances of your case, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a hardship license.

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: To reinstate your license after a DUI suspension, you will typically need to:
• Pay Reinstatement Fees: Pay the required reinstatement fees to the Texas DPS.
• File Proof of Financial Responsibility (SR-22 Insurance): Obtain SR-22 insurance, which is a certificate of financial responsibility, and file it with the Texas DPS. You will likely need to maintain SR-22 insurance for a period of several years.
• Complete Any Required Classes/Programs: Complete any court-ordered or DPS-required alcohol education classes or community service.
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a high-risk insurance policy that proves you have the minimum required liability coverage.
• Classes/Programs that Must Be Completed: The court or the DPS may require you to complete an alcohol education program, such as a DWI intervention program.

Johnson DMV Offices

[Note: As a Tier 3 county with no population, Johnson County likely does not have a full-service DPS office. Residents would need to travel to a neighboring county. This section needs to be populated with actual locations and details when they become available.]

• Example (Hypothetical): Cleburne Driver License Office: 123 Main Street, Cleburne, TX 76033. Hours: Monday-Friday, 8:00 AM - 5:00 PM.
• Example (Hypothetical): Burleson Driver License Office: 456 Oak Street, Burleson, TX 76028. Hours: Tuesday-Saturday, 9:00 AM - 6:00 PM.

Always verify hours and services offered before visiting any DPS office.

Special Programs

• Ignition Interlock Device Program: An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. Texas has a mandatory IID program for certain DUI offenders.
• Occupational License: An occupational license allows you to drive for essential purposes, such as work or school, even if your license is suspended. It is more restrictive than a regular license and requires court approval.
• Texas Department of Transportation (TxDOT): Contact them for more information about these programs.

This guide provides general information and is not a substitute for legal advice. If you have been arrested for a DUI in Johnson, Texas, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and your driving privileges. The clock is ticking!