Cherokee County License Hearing Guide

Cherokee DUI License Suspension & ALR Hearing

A DUI arrest in Cherokee, Texas can be a frightening and confusing experience. Beyond the criminal charges, you also face the immediate threat of losing your driver's license. It's vital to understand that the process of suspending your license is separate from the criminal case. This is an administrative process handled by the Texas Department of Public Safety (DPS), and it's crucial to act quickly to protect your driving privileges. This guide provides the information you need to navigate the administrative license revocation (ALR) process in Cherokee County and fight to keep your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence. You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means your license will automatically be suspended.

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

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

• Online: The fastest and often recommended method is through the Texas DPS website. Search for "ALR Hearing Request Texas DPS" to find the correct page. You will likely need information from your temporary driving permit or the paperwork you received at the time of your arrest.
• Mail: You can send a written request to the Texas DPS. Include your name, date of birth, driver's license number, and the date of your arrest. Be sure to clearly state that you are requesting an ALR hearing. Send the request via certified mail with return receipt requested to ensure proof of delivery. The address to mail it to can be found on the DPS website or paperwork from your arrest.
• Phone: While some DPS offices may allow you to initiate the request by phone, it's generally recommended to use the online or mail options to ensure you have a record of your request. Contact the DPS directly to confirm if phone requests are accepted.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your Texas driver's license will automatically be suspended. This suspension will begin 40 days after the date of your arrest. Don't let this happen! Act now to protect your ability to drive.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to suspension. The grounds for automatic suspension depend on whether you took a breath or blood test and, if so, what the results were.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies, but it's typically 90 days for a first offense.
• Temporary Permit: The temporary permit you received at the time of your arrest is typically valid for 40 days. This allows you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty than failing the test. In Texas, refusing a test results in an automatic license suspension of 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by operating a motor vehicle on public roads, you have implicitly consented to submit to chemical testing (breath, blood) if lawfully arrested for DUI. Refusing to submit to testing can lead to license suspension, even if you are ultimately acquitted of the DUI charge.

The ALR/Administrative Hearing

The ALR hearing is a critical step in the process. It is your opportunity to challenge the suspension of your driver's license and potentially avoid the penalties associated with a DUI.

What It Is

• Separate from Criminal Court: It's crucial to understand that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your license based on the circumstances of your arrest.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence," meaning it's more likely than not that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

• Gather Evidence: Start gathering any evidence that supports your case. This might include:
• Witness statements: If anyone witnessed the events leading to your arrest, obtain a written statement from them.
• Video footage: If there is any video footage of the traffic stop or your interaction with the officers, try to 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: Hiring a qualified DUI attorney is highly recommended. An attorney can help you navigate the complex legal process, gather evidence, prepare for the hearing, and represent you effectively. An attorney understands the specific laws and procedures in Cherokee County 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 advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly.
• Whether the test results are accurate and reliable.

Possible Outcomes

• Suspension Upheld: If the administrative judge finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the administrative judge finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes like work, school, or medical appointments.

Hardship/Restricted License in Texas

A hardship license, also known as an occupational license, can be a lifeline if your license is suspended due to a DUI.

• Eligibility Requirements: You may be eligible for an occupational license if your license has been suspended for specific reasons, including DUI. There's typically a waiting period after the suspension begins before you can apply. You must also prove a need to drive for essential purposes.
• What You Can Drive For: An occupational license typically allows you to drive for work, school, and essential medical appointments. The license will specify the hours and locations where you are permitted to drive.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying associated fees. You will need to provide documentation to support your need to drive.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Even after navigating the ALR hearing and potentially obtaining a hardship license, you will eventually need to reinstate your full driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Once your criminal case is resolved and your suspension period has ended, you will need to meet certain requirements to reinstate your license. This typically includes:
• Fees: Paying a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility demonstrating that you have the required minimum liability insurance coverage. You may be required to maintain SR-22 insurance for a period of time, typically three years.
• Classes/Programs That Must Be Completed: Completing any court-ordered DUI education programs or alcohol awareness courses.

Cherokee DMV Offices

Unfortunately, Cherokee County does not have a dedicated DPS office within its borders. The nearest DPS offices are located in neighboring counties. Be sure to call ahead to confirm hours and services offered. A quick online search for "Texas DPS near Cherokee County" will provide you with the most up-to-date information.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, an ignition interlock device (IID) may be required as a condition of obtaining an occupational license or as part of your criminal sentence. An IID is a breathalyzer installed in your vehicle that prevents you from starting the car if you have alcohol in your system.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes while your license is suspended.
• DUI Education Programs: Texas requires individuals convicted of DUI to complete a DUI education program, which provides information about the dangers of impaired driving and the consequences of alcohol abuse.

A DUI arrest in Cherokee County can have serious consequences, including the suspension of your driver's license. It is crucial to understand your rights and take immediate action to protect your driving privileges. By requesting an ALR hearing within 15 days, gathering evidence, and considering hiring a qualified DUI attorney, you can increase your chances of a favorable outcome. Remember to consult with a legal professional for personalized advice based on your specific circumstances.