Briscoe County ALR Hearing Guide

Briscoe County DUI License Suspension & ALR Hearing

After a DUI arrest in Briscoe County, Texas, you face two separate but related legal battles: a criminal case and an administrative license revocation (ALR) proceeding. This guide focuses on the ALR process, which determines whether your driver's license will be suspended. Understanding this process and acting quickly is crucial to protecting your driving privileges. The administrative proceedings are handled separately from the criminal court case for Driving While Intoxicated.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Texas Department of Public Safety (DPS). This is a hard deadline. Missing it results in automatic suspension of your driver's license.

To request a hearing, you can:

• File the ALR request online.
• Submit via fax or mail.

Failing to request a hearing within 15 days means your license will be automatically suspended. Don't wait for a notice in the mail, as delivery to rural Silverton can be slow. File your request immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be automatically suspended depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was 0.08 or higher, the Texas DPS will automatically suspend your license.

A temporary driving permit is typically issued at the time of arrest. This permit remains valid until the ALR hearing or the start of the suspension period, whichever comes first.

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 lawfully arrested for DUI. Refusing to take a test carries more severe penalties than failing one.

Refusal to submit to chemical testing results in a longer license suspension period than failing a test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal DUI case. It is conducted by the State Office of Administrative Hearings (SOAH) to determine whether your driver's license should be suspended.

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 to maximizing your chances of avoiding a license suspension. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Briscoe County can help you navigate the ALR process, gather evidence, and represent you at the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including the legality of the traffic stop, the accuracy of the breath/blood test, and whether you were actually intoxicated.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The SOAH judge finds that the DPS has met its burden of proof, and your license suspension is upheld.
• Suspension Overturned: The SOAH judge finds that the DPS has not met its burden of proof, and your license suspension is overturned.
• Restricted/Hardship License Granted: In some cases, the judge may grant a restricted or hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational driver's license in Texas, sometimes called a hardship license.

Eligibility requirements include:

• Having a valid Texas driver's license at the time of the DUI arrest.
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• Meeting certain requirements related to your criminal DUI case, such as installing an ignition interlock device (IID).

With a hardship license, you can typically drive for:

• Work-related activities
• Educational purposes
• Essential household duties

The cost of applying for an occupational license varies. You must also follow specific application procedures.

For repeat offenders or those with a BAC over 0.15, installation of an Ignition Interlock Device (IID) is often required. Be aware that there are no IID installers in Silverton. The nearest locations are in Plainview and Amarillo. This means monthly calibration appointments require significant travel. If the device malfunctions in Silverton, you may face expensive towing to a service center.

Getting Your License Back

After Criminal Case Concludes

Once your criminal DUI case concludes, you will need to take steps to reinstate your driver's license.

Reinstatement requirements typically include:

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

Briscoe County DMV Offices

Briscoe County residents will likely need to interact with regional DPS offices for ALR hearings and driver's license reinstatement. ALR hearings for Briscoe County cases are managed via the Lubbock Regional Office.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned, installation of an IID may be required to obtain an occupational license or reinstate your license after a DUI.
• Occupational License: Allows driving for essential purposes during a license suspension.

Frequently Asked Questions

**Q: If I was arrested for DUI on a Friday night, how long might I be held in jail in Briscoe County?*A: Due to the "weekend void," if you're arrested on a Friday evening, the administrative machinery of Briscoe County effectively shuts down until Monday morning. This means you could face a 72-hour ordeal as processing is tethered to business hours, while physical custody is outsourced.

**Q: Where will I be taken after being arrested for DUI in Briscoe County?*A: Briscoe County does not have its own jail, so you will likely be transported to either the Swisher County Jail in Tulia or the Childress County Jail, depending on bed availability. Call Swisher County Jail (806-995-3326) immediately. If negative, call Childress (940-937-2535).

**Q: Will I have a speedy trial in Briscoe County?*A: Be aware of the "Speedy Trial" Illusion. Because Judge Cogdell is also the chief administrator of the county, criminal cases are not the sole focus of his office. Dockets are often squeezed in around administrative meetings, and a case may languish for months between settings.

Sources

• Operational Hazard Assessment: Briscoe County DWI Logistics and Friction Analysis
• Texas Department of Public Safety
• Swisher County Jail
• Childress County Jail
• Briscoe County Sheriff's Office