Borden County ALR Hearing Guide

Borden County DUI License Suspension & ALR Hearing

After a DUI arrest in Borden County, Texas, you face two separate but related legal battles: a criminal case in court and an administrative process with the Texas Department of Public Safety (DPS) concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the Administrative License Revocation (ALR) hearing process. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Borden County, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing challenges the potential suspension of your driver's license. This request must be made to the Texas DPS.

To request a hearing, you can use the following methods:

• Online: The DPS may offer an online portal for requesting ALR hearings, but you should confirm this option is available.
• Mail: Send a written request to the Texas DPS Hearings Office.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule. Given the administrative realities of Borden County, it's critical to act immediately.

Automatic License Suspension

An automatic license suspension occurs under two primary circumstances following a DUI arrest: failing or refusing a breath or blood test.

If You Took the Breath/Blood Test and Failed

Under Texas law, if your blood alcohol concentration (BAC) is 0.08 or higher, your license will be suspended. The length of the suspension varies depending on your prior record.

You will receive a temporary driving permit that is valid until the ALR hearing or until the suspension officially begins.

If You Refused Testing

Texas operates under "implied consent" laws. This means that by driving on Texas roads, you have implicitly consented to provide a breath or blood sample if lawfully arrested for DUI. Refusal to provide a sample results in a longer license suspension than failing the test. Refusal suspensions are often longer than suspensions for failing a breath or blood test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is 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. The focus is on whether the officer had probable cause to stop you and whether your BAC was over the legal limit or if you refused testing.

How to Prepare

Preparing for your ALR hearing is crucial. Consider these steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos (if available), or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence, cross-examine witnesses, and argue on your behalf.
• Understand What You Can Challenge: You can challenge whether the officer had reasonable suspicion to stop you, whether you were properly advised of your rights, and the accuracy and reliability of the breath or blood test results.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The SOAH judge finds sufficient evidence to support the license suspension.
• Suspension Overturned: The SOAH judge finds insufficient evidence, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver License (ODL), also known as a hardship license, under TX law. An ODL allows you to drive for essential purposes, such as:

• Traveling to and from work
• Driving for educational purposes
• Attending essential medical appointments

To obtain an ODL, you must meet specific eligibility requirements, which may include:

• Having a valid driver's license at the time of the arrest
• Not having certain prior convictions
• Installing an Ignition Interlock Device (IID) on your vehicle (likely required in Borden County given the distances involved in daily life).

The application process involves filing a petition with the court and providing supporting documentation.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved, you will need to take steps to reinstate your driver's license if it was suspended. Reinstatement requirements typically include:

• Paying a reinstatement fee to the Texas DPS.
• Filing proof of SR-22 insurance (high-risk auto insurance) with the DPS.
• Completing any required alcohol education classes or community service.

Borden County DMV Offices

There is no Driver License office located in Borden County. The Borden County Tax Assessor-Collector handles vehicle registration but cannot issue restricted licenses or process ALR suspensions. You will need to travel to a neighboring county for these services.

Nearest DPS Offices: Defendants must travel to Lamesa, Snyder, or Big Spring for license renewal or Occupational Driver License (ODL) processing.

Special Programs

• Ignition Interlock Device (IID) Program: If required as a condition of bond, probation, or to obtain an ODL, you will need to install an IID on your vehicle. As a reminder, there are no IID installation centers in Gail. You will need to travel to Lamesa, Snyder, Lubbock, or Big Spring for installation and monthly calibration. Given the distances, be aware of the potential for battery drain if your vehicle sits for extended periods.

Frequently Asked Questions

**Q: What happens if I am arrested for DUI on a Friday night in Borden County?*A: Due to the limited judicial schedule, with Justice of the Peace Jane Jones only available on Mondays from 9:00 a.m. to 5:00 p.m., you may remain in custody in Garza or Dawson County until Monday morning for magistration. Contact the Sheriff's Office to request an expedited magistration.

**Q: My car was impounded. How do I get it back?*A: Do NOT go directly to the tow yard in Snyder or Lamesa. First, go to the Borden County Sheriff’s Office at 117 E. Wasson Ave in Gail with proof of ownership and insurance to obtain an Impound Release Form. Call 806-756-4311 before going to ensure someone is available to issue the release, especially avoiding the 12:00 PM - 1:00 PM lunch closure. Then, travel to the designated tow yard in Snyder or Lamesa, remembering to bring cash or a cashier's check for payment.

**Q: Where do I go to get an Ignition Interlock Device (IID) installed if required?*A: There are no IID installation centers in Borden County. You will need to travel to Lamesa, Snyder, Lubbock, or Big Spring. Consider Intoxalock in Lamesa or Snyder, or Smart Start in Lubbock, but be aware of the potential for longer commutes depending on the vendor and your location.

Sources

• Texas Occupations Code - OCC § 2308.209
• Sheriff - Borden County, Texas
• Justice of The Peace - Borden County, Texas
• Find an Office Near You - Texas Department of Public Safety
• Driver's License Hearings Schedule - State Office of Administrative Hearings - Texas.gov
• Intoxalock Ignition Interlock at Automotive Technology - TX, Lamesa, TX 79331
• Intoxalock Ignition Interlock at The Auto Clinic, Snyder, TX 79549