Medina County License Hearing Guide

Medina DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

After being arrested for DUI in Medina, Texas, you're likely overwhelmed and worried. One of the most immediate concerns is your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case and an administrative process related to your driving privileges. This guide focuses on the administrative side, specifically the potential suspension of your license and how to fight it through an Administrative License Revocation (ALR) hearing. Time is of the essence – act quickly to protect your right to drive!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the single most important piece of information you need right now. You have only 15 days from the date of your arrest to request an ALR hearing to challenge the potential suspension of your driver's license. This hearing is your opportunity to present your case and potentially avoid losing your driving privileges.

Where to Request: The request must be made to the Texas Department of Public Safety (DPS).

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

• Online: Visit the Texas DPS website. Look for the "ALR Hearing Request" section. The process is generally straightforward, requiring you to enter your driver's license information, arrest details, and contact information.
• Phone: Call the Texas DPS at the number listed on the temporary driving permit you received at the time of your arrest. Be prepared to provide your driver's license number, arrest details, and contact information.
• Mail: Send a written request to the Texas DPS address listed on your temporary driving permit. Your letter should clearly state that you are requesting an ALR hearing related to your DUI arrest in Medina, Texas, and include your full name, address, date of birth, driver's license number, and the date of your arrest. Send it certified mail with return receipt requested to prove you sent it.

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. There is very little you can do once the deadline passes, so do not delay!

Automatic License Suspension

Regardless of the outcome of your criminal DUI case, the Texas DPS can independently suspend your license based on the circumstances surrounding your arrest. The grounds for suspension depend on whether you took a breath or blood test and what the results were.

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 length of the suspension depends on several factors, including whether this is your first offense. Generally, a first offense results in a suspension period of 90 days to one year.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is valid for a limited time. It allows you to drive until your ALR hearing date (if you requested one) or until the date your suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Texas, a first-time refusal typically 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 chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in an automatic license suspension, even if you are ultimately acquitted of the criminal DUI charge.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the potential suspension of your license. Understanding the process can significantly improve your chances of a favorable outcome.

What It Is

• Separate from Criminal Court: The ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS has sufficient evidence to suspend your driver's license based on the circumstances of your arrest.
• 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 "probable cause" that you were driving while intoxicated, not "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (if available), medical records, or any other information that challenges the DPS's evidence.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand the legal process, gather evidence, prepare your case, and represent you at the hearing. They know the specific challenges that can be raised to cast doubt on the DPS's case.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the police officer had probable cause to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly and the results are accurate.
• Whether you actually refused to take a breath or blood test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has presented sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not presented sufficient evidence, 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, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license, also known as a restricted or hardship license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must demonstrate that you need to drive for essential purposes, such as work, school, or medical appointments. You must also show that you do not have any other means of transportation.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as commuting to and from work, attending school, or traveling to medical appointments.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are court costs and attorney fees associated with this process.
• IID Requirement: Depending on the circumstances of your case, 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

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

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to pay a reinstatement fee to the Texas DPS.
• Fees: Reinstatement fees vary depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes.

Medina DMV Offices

Since Medina is a smaller county, you'll likely need to visit a DPS office in a neighboring county for assistance with license reinstatement and other driver-related matters. Check the Texas DPS website for the nearest locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals convicted of DUI to continue driving with an IID installed in their vehicle. This device requires the driver to blow into it before starting the car, preventing operation if alcohol is detected.
• Occupational License: As described above, this license allows driving for essential needs.
• Any State-Specific Programs: Check with your attorney or the Texas DPS for any other state-specific programs that may be relevant to your situation.

Important Note: This guide provides general information about DUI license suspensions and ALR hearings in Medina, Texas. It is not a substitute for legal advice. It is essential to consult with a qualified DUI attorney to discuss the specific facts of your case and to understand your legal options. Do not delay - contact an attorney today to protect your rights and your driving privileges!