Angelina County License Hearing Guide

Angelina County DUI License Suspension & ALR Hearing

Following a DUI arrest in Angelina County, you face two separate but related legal battles: a criminal case in court, and an administrative process that can lead to the suspension of your driver's license. This guide focuses on the latter – the Administrative License Revocation (ALR) process, which is handled by the Texas Department of Public Safety (DPS). Understanding this process and acting quickly is crucial to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline. Missing it will result in an automatic suspension of your driver's license.

To request a hearing, you must contact the State Office of Administrative Hearings - Texas.gov.

You can request a hearing:

• Online: Via the State Office of Administrative Hearings website.
• By Mail: Send a written request to the address provided on the DIC-24 form you received at the time of your arrest.
• By Phone: Call the State Office of Administrative Hearings.

The request must include your name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license. The Angelina County Jail provides non-contact visitation, so mobility is critical.

**What Happens If You Miss The Deadline?*If you fail to request a hearing within 15 days, your license will be automatically suspended. There is very little you can do to reverse this. The suspension will begin 40 days after your arrest.

Automatic License Suspension

An automatic license suspension occurs if you either fail to request an ALR hearing within 15 days or if you lose the ALR hearing. The length of the suspension depends on whether you submitted to a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08 or higher, your license will be suspended. The length of suspension varies.

You likely received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension period begins.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if requested by a law enforcement officer who has reasonable suspicion to believe you are driving while intoxicated. Refusing to submit to a test carries a longer suspension period than failing a test.

Refusal to submit to a breath or blood test results in a longer license suspension under Texas implied consent law.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding separate from your criminal DUI case. It is conducted by an administrative law judge, not a criminal court judge. The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.

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 you were driving while intoxicated.

How to Prepare

Preparing for your ALR hearing is crucial. Here's what you should do:

• Gather Evidence: Collect any evidence that supports your case. This may include witness statements, video footage, or any other information that challenges the DPS's claims.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. They understand the complexities of the ALR process and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly informed of your rights regarding breath or blood testing.
• Whether the breath or blood test was administered correctly.
• The accuracy of the breath or blood test results.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: If the administrative law judge finds that the DPS has sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the administrative law judge finds that the DPS does not have sufficient evidence, the suspension will be overturned, and your license will not be suspended.
• 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

If your license is suspended, you may be eligible for an occupational license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must demonstrate a need to drive for work, school, or essential household duties.
• What You Can Drive For: An occupational license typically restricts you to driving for work, school, or medical appointments.
• Costs and Application Process: You must file a petition with the court in the county where you reside or where the offense occurred. There are court costs associated with filing the petition.
• IID Requirement: The court may require you to install an ignition interlock device (IID) on your vehicle as a condition of the occupational license.

Getting Your License Back

After Criminal Case Concludes

Reinstating your license after a DUI suspension involves several steps:

• Reinstatement Requirements: You must pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies depending on the length of the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI education program or other court-ordered programs. The Alcohol & Drug Abuse Council (ADAC) of East Texas is the primary provider of DWI education classes in the Lufkin area. Lufkin classes are typically held on Thursday and Friday evenings (6:00 PM – 9:00 PM) or over weekends.

Angelina County DMV Offices

The Texas Department of Public Safety (DPS) handles driver's license matters. Contact information for local DPS offices is not available in the provided data.

Special Programs

• Ignition Interlock Device Program: If you are required to install an IID, several providers operate in the Lufkin area. Smart Start is located at Angelina Tire & Auto, 3601 S Medford Dr. LifeSafer is located at Pure Energy Audio, 704 S Timberland Dr. Installation fees range from $70-$150, with monthly leasing fees of $70-$100.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes during a license suspension.

Frequently Asked Questions

1. How long will my license be suspended if I refuse a breath test in Angelina County? Refusing a breath or blood test will result in a longer suspension period than failing a test.
2. Where can I take the required DWI education classes in Angelina County? The Alcohol & Drug Abuse Council (ADAC) of East Texas is the primary provider of DWI education classes in the Lufkin area, typically held on Thursday and Friday evenings.
3. If my car is impounded after a DUI arrest in Angelina County, how quickly do I need to retrieve it to avoid extra fees? If a vehicle is stored for less than 12 hours, even if that period spans two calendar days (e.g., towed at 11 PM, released at 9 AM), only one day of storage may be charged.