Andrews County License Hearing Guide

Andrews County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Andrews County, Texas, can trigger two separate legal battles: a criminal case in court and an administrative process that threatens your driving privileges. Understanding the difference is crucial. This guide focuses on the Administrative License Revocation (ALR) process, managed by the Texas Department of Public Safety (DPS), which determines whether your driver's license will be suspended. Even if you win your criminal case, you can still lose your license if you don't act quickly and strategically in the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most critical step after a DUI arrest is requesting an ALR hearing. You have only 15 days from the date you were served with the Notice of Suspension (Form DIC-25) to request this hearing. This is almost always the date of your arrest. Missing this deadline results in an automatic license suspension.

Where to Request: The Texas DPS handles ALR hearings.

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

• Online: Use the Texas DPS ALR Hearing Portal.
• Mail: Send your request to Texas DPS, Enforcement and Compliance Service, P.O. Box 4040, Austin, TX 78765-4040.
• Fax: Fax your request to 512-424-2650.
• Email: alrfax2650@dps.texas.gov

What Happens If You Miss the Deadline: If you fail to file a formal request by midnight on the 15th day, you permanently forfeit your right to a hearing. The suspension automatically takes effect on the 40th day after your arrest.

Automatic License Suspension

The length of your license suspension depends on whether you took a breath or blood test and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, TX law dictates a license suspension. The length of the suspension depends on your prior record. For an adult (21+), a breath/blood test failure yields a 90-day suspension for a first offense or a 1-year suspension for a second offense.
• Temporary Permit: After the arresting officer physically confiscates the license, the officer may or may not immediately issue the DIC-25 suspension notice. Because the intoxication metric is unknown at the roadside, DPS will only mail the suspension notice to the address on file once the forensic laboratory results formally confirm a BAC over 0.08%.

If You Refused Testing

• Longer Suspension: Refusing a breath or blood test carries a significantly harsher penalty under Texas's implied consent laws. For an adult (21+), a test refusal triggers a 180-day suspension for a first offense or a 2-year suspension for a second offense.
• Implied Consent: Under Texas law, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal can lead to the issuance of a search warrant to compel a blood draw, particularly during "No Refusal" weekends.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil administrative proceeding, separate from your criminal case. It's conducted by the State Office of Administrative Hearings (SOAH) and determines whether sufficient evidence exists to suspend your driver's license. The burden of proof is lower than in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or expert analysis of the breath or blood test results.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the ALR process, present your case effectively, and protect your rights.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including the legality of the initial stop, the administration of the breath or blood test, and the accuracy of the testing equipment.

Possible Outcomes

• Suspension Upheld: The SOAH judge rules in favor of the DPS, and your license suspension remains in effect.
• Suspension Overturned: The SOAH judge rules in your favor, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted 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 Driver's License (ODL).

• Eligibility Requirements: You must meet certain criteria, such as demonstrating a need to drive for work, school, or essential family needs.
• What You Can Drive For: An ODL allows you to drive for specific purposes, such as commuting to work or school, attending medical appointments, or performing essential household duties. An ODL explicitly cannot authorize the operation of a Commercial Motor Vehicle (CMV).
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are associated court costs and fees.
• IID Requirement: If your suspension was due to a second or subsequent DUI offense, or if your BAC was 0.15 or higher, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After Criminal Case Concludes

Even if your criminal case is dismissed or you are acquitted, you still need to take steps to reinstate your license after the ALR suspension period ends.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the DPS.
• Fees: A mandatory $125 Reinstatement Fee must be paid to DPS prior to the renewal or issuance of a license if the suspension is ultimately upheld.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which demonstrates financial responsibility to the state.
• Classes/Programs: Depending on the circumstances of your case, you may need to complete a DUI education program or other court-ordered requirements.

Andrews County DMV Offices

• Texas DPS - Andrews Driver License Office: 201 N Main St. RM B2, Andrews, TX 79714 (Courthouse Annex). Phone: (432) 464-0002. Hours: By Appointment Only (Statewide DPS protocol).

Special Programs

• Ignition Interlock Device (IID) Program: Texas law requires the installation of a vehicle Ignition Interlock Device (IID) as a non-negotiable condition of bond release if the defendant is charged with a subsequent (2nd+) DWI offense, or if a first-time offender yielded a BAC of 0.15% or higher.
• Occupational Driver's License (ODL): Allows driving for essential needs during a license suspension.

Frequently Asked Questions

1. Where do I file for a tow hearing in Andrews County if I believe my vehicle was improperly impounded after a DUI arrest? You can file for a tow hearing with the Andrews County Justice of the Peace, Precinct 1 or 2 (215 NW 1st, Ste 3 or 4, Andrews, TX 79714). The deadline to request this hearing is 14 days from the date the vehicle was towed.
2. What happens if I don't update my address with the Texas DPS, and they mail my ALR suspension notice to an old address? Defendants must ensure their physical mailing address is entirely up to date with the DPS, as the 15-day clock abruptly begins upon the mailing and receipt of that subsequent notification letter.
3. If I'm arrested for a DUI in Andrews County during a "No Refusal" weekend and refuse a breath test, can the police force me to take a blood test? Yes, during a No Refusal operation, police coordinate with on-call magistrates and phlebotomists to instantly secure electronic search warrants for mandatory blood draws if a suspect refuses to provide a voluntary breath or blood sample under implied consent laws.