Coke County License Hearing Guide

Coke DUI License Suspension & ALR Hearing

A DUI arrest in Coke, Texas, can be a frightening experience. You're likely worried about the legal ramifications and the impact on your life. One of the most immediate concerns is your driver's license. Understanding the license suspension process and the Administrative License Revocation (ALR) hearing is crucial to protecting your driving privileges.

It's important to understand that there are two separate legal processes at play after a DUI arrest:

• The Criminal Case: This involves the actual DUI charges against you in the Coke County court system.
• The Administrative License Revocation (ALR) Case: This is a civil proceeding handled by the Texas Department of Public Safety (DPS) and determines whether your driver's license will be suspended.

This guide focuses on the administrative aspect of your DUI, specifically the ALR hearing and potential license suspension. The outcome of the ALR hearing does not necessarily dictate the outcome of your criminal case, and vice-versa.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest, you have a VERY LIMITED time to act to protect your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This is a non-negotiable deadline. Missing it will result in an automatic suspension of your driver's license.

Where to Request: The ALR hearing request is made to the Texas Department of Public Safety (DPS).

How to Request: You can request an ALR hearing in one of three ways:

• Online: The Texas DPS website (www.dps.texas.gov) likely has an online portal for requesting ALR hearings. Look for a section related to driver's license suspensions or ALR hearings. This is generally the fastest and most reliable method.
• Phone: Contact the Texas DPS Driver License Division. The phone number should be listed on the paperwork you received at the time of your arrest. Be prepared for potential wait times.
• Mail: Send a written request for an ALR hearing via certified mail, return receipt requested, to the Texas DPS office responsible for ALR hearings. The address should be on the paperwork you received at the time of your arrest. Certified mail provides proof that you sent the request.

What to Include in Your Request: Your request, whether online or written, should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The arresting agency
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There is very little recourse once this deadline passes.

Automatic License Suspension

Texas law mandates automatic license suspensions in DUI cases, depending on whether you took a breath or blood test and the results (if any).

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, your license will be suspended.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.

You should have received a temporary driving permit at the time of your arrest. This permit is usually valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you've implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take the test carries significant penalties.

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for a longer period, typically 180 days for a first offense.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges after a DUI arrest in Coke, Texas.

What It Is

The ALR hearing is an administrative proceeding, meaning it's separate from your criminal court case. It's conducted by an administrative law judge (ALJ) and focuses on 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 "a preponderance of the evidence" (meaning more likely than not) that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt" required for a criminal conviction.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements (if anyone saw you before your arrest)
• Video footage (if available from dash cams or surveillance cameras)
• Medical records (if you have a medical condition that could have affected your BAC)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can:
• Represent you at the hearing
• Cross-examine witnesses
• Present evidence on your behalf
• Argue legal points to the ALJ
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you
• Whether the officer had probable cause to arrest you for DUI
• Whether the breath or blood test was properly administered
• Whether the testing equipment was properly calibrated
• Whether you were actually intoxicated

Possible Outcomes

The ALJ will issue a ruling after the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DPS presented sufficient evidence to justify the suspension of your driver's license.
• Suspension Overturned: The ALJ finds that the DPS did not present sufficient evidence, and your driver's license will not be suspended.
• Restricted/Hardship License Granted: In some cases, the ALJ may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., to and from work, school, or medical appointments).

Hardship/Restricted License in Texas

If your license is suspended after an ALR hearing or due to a criminal conviction, you may be eligible for an occupational driver's license (ODL), often called a "hardship license."

• Eligibility Requirements: You must prove that your license suspension is causing a hardship and that you need to drive for essential purposes.
• What You Can Drive For: Typically, an ODL allows you to drive to and from:
• Work
• School
• Essential medical appointments
• Other essential activities
• Costs and Application Process: Applying for an ODL involves filing a petition with the court and paying associated fees. You'll need to provide documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your DUI, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL. An IID prevents the vehicle from starting if it detects alcohol on your breath.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: This typically involves:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance (a high-risk auto insurance policy).
• Completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance for a period of time, typically 2-3 years.
• Classes/Programs That Must Be Completed: The court may order you to complete DUI education courses, alcohol awareness programs, or substance abuse treatment.

Coke DMV Offices

Unfortunately, due to Coke County's lack of population, there are no dedicated DMV/DPS offices located within the county itself. You will likely need to travel to a neighboring county to access these services. Check the Texas DPS website (www.dps.texas.gov) for the nearest Driver License offices and their hours of operation. Consider calling before you go to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, an IID may be required to obtain an ODL or as a condition of probation in your criminal case.
• Occupational License: This has been described above.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Coke, Texas. It is not intended as legal advice. You should consult with a qualified DUI attorney in Coke County for personalized advice regarding your specific situation.