Montgomery County License Hearing Guide

Montgomery DUI License Suspension & ALR Hearing

A DUI arrest in Montgomery, Texas, can trigger two separate legal battles: a criminal case in the Montgomery County court system and an administrative action against your driver's license through the Texas Department of Public Safety (DPS). This guide focuses on the administrative side, specifically the potential suspension of your driver's license and how to fight it through an Administrative License Revocation (ALR) hearing. This is a critical and time-sensitive process. Don't delay in taking action to protect your driving privileges.

Your License After a DUI Arrest in Montgomery

After a DUI arrest, you'll likely face a criminal court case. However, the Texas DPS can also independently suspend your driver's license, even if you're ultimately found not guilty in criminal court. This is because the DPS action is an administrative process, meaning it's governed by different rules and a lower burden of proof than a criminal trial. Understanding this distinction is crucial. You can lose your license even if the criminal case is dismissed. This guide explains the steps you need to take to challenge that suspension.

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 DUI arrest to request an ALR hearing. Missing this deadline means your license will be automatically suspended.

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

How to Request: You have a few options:

• Online: This is often the fastest and most convenient method. Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). Follow the online instructions carefully.
• Phone: You can call the Texas DPS Driver License Division. Be prepared to provide details about your arrest. The phone number can be found on the DPS website. Keep a record of the date, time, and person you spoke with.
• Mail: You can send a written request by certified mail to the DPS office responsible for ALR hearings. Again, details can be found on the DPS website. Certified mail provides proof of timely submission.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly! It is highly recommended that you consult with an attorney as soon as possible after your arrest to ensure that your rights are protected.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended pending the outcome of that hearing. The grounds for suspension depend on whether you took a breath or blood test and the results (if you took one), or if you refused to take the 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, the DPS will likely suspend your license. The length of the suspension varies, but it's typically [Specific Suspension Period Duration – research Texas law and insert here].
• Temporary Permit: You were likely issued a temporary driving permit at the time of your arrest. This permit is usually valid until the ALR hearing is held or until the suspension period begins (if you don't request a hearing or lose the hearing).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a significantly longer license suspension than failing the test. The suspension period for a refusal is typically [Specific Suspension Period Duration – research Texas law and insert here] for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an "implied consent" law. This means that by driving on Texas roads, you've implicitly agreed to submit to a chemical test if lawfully arrested for DUI. Refusal to comply with this law carries serious penalties.

The ALR/Administrative Hearing

Understanding the ALR hearing process is essential to protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is completely separate from your criminal DUI case. Even if your criminal charges are dropped or reduced, the DPS can still suspend your license based on the administrative hearing.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The DPS must prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court. This means it's easier for the DPS to suspend your license at an ALR hearing than it is for the prosecution to convict you in criminal court.

How to Prepare

Thorough preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements: If anyone was with you before your arrest, their testimony could be helpful.
• Video footage: If there's video footage of the traffic stop or your performance on field sobriety tests, obtain it.
• Medical records: If you have any medical conditions that could have affected your performance on field sobriety tests, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can provide invaluable assistance. They can:
• Request and review the DPS's evidence.
• Prepare you for the hearing.
• Cross-examine witnesses.
• Present your case effectively.
• Understand the legal nuances of ALR hearings.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was properly administered.
• Whether the testing equipment was properly calibrated.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The hearing officer finds that the DPS has proven its case, and your license suspension will remain in effect.
• Suspension Overturned: The hearing officer finds that the DPS has not proven its case, and your license suspension will be lifted.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant you a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted or hardship license in Texas, also known as an Occupational Driver's License (ODL).

• Eligibility Requirements: You must meet certain requirements to be eligible for an ODL, including:
• Having a valid driver's license before the suspension.
• Demonstrating a need to drive for essential purposes.
• Not having certain prior DUI convictions.
• What You Can Drive For: An ODL typically allows you to drive for work, school, and essential household duties (like grocery shopping) or medical appointments.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, paying court fees, and providing documentation to support your need to drive.
• IID Requirement: In some cases, 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

After your license suspension period ends and after your criminal case is resolved, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Generally, you'll need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies and can be found on the DPS website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS. It demonstrates that you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your DUI, you may be required to complete an alcohol education program or other court-ordered programs.

Montgomery DMV Offices

[Remember to replace this section with the actual addresses and hours of the Montgomery, TX DMV/DPS offices. You can find this information through a quick online search.]

Unfortunately, I do not have access to a live database of DMV addresses and hours. However, you can easily find this information by searching "Montgomery TX DMV" or "Montgomery TX DPS" on Google or your preferred search engine.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required for an ODL or as a condition of probation following a DUI conviction. The IID prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: Discussed above.
• State-Specific Programs: Texas may have other programs available to help individuals regain their driving privileges after a DUI. Contact the DPS or a qualified attorney for more information.

This guide provides general information about DUI license suspensions and ALR hearings in Montgomery, Texas. It is not a substitute for legal advice. If you've been arrested for DUI, it's highly recommended that you contact a qualified DUI attorney as soon as possible to protect your rights and explore your options.