Collin County ALR Hearing Guide

Collin County DUI License Suspension & ALR Hearing

Following a DUI arrest in Collin County, Texas, your driving privileges are immediately at risk. Many people mistakenly believe that their license issues are tied solely to the criminal case. However, Texas law establishes two separate legal tracks: the criminal case, and the Administrative License Revocation (ALR) process. The ALR process is a civil matter handled by the Texas Department of Public Safety (DPS) and the State Office of Administrative Hearings (SOAH), and it can result in license suspension regardless of the outcome of your criminal case. Understanding this system is critical to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence. Following a DUI arrest in Collin County, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

To request a hearing, you must contact the Texas DPS. While specific methods for requesting the hearing were not detailed in the provided data, contacting DPS directly is essential to confirm the current procedure.

What happens if you miss the deadline? If you fail to request a hearing within 15 days, your license will be automatically suspended. This suspension will take effect 40 days after your arrest.

Automatic License Suspension

The length of your license suspension depends on whether you submitted to a breath or blood test and the results, or if you refused testing altogether.

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. If this is your first offense, the DIC-24 Statutory Warning states that you will face a 90-day suspension. The DIC-25 Notice of Suspension and Temporary Driving Permit issued to you by the officer at the time of your arrest acts as a valid driver's license for 40 days from the date of arrest.

If You Refused Testing

Under Texas Transportation Code Chapter 724, the "Implied Consent" law, by driving on Texas roads, you have implicitly consented to provide a breath or blood sample if arrested for DWI. Refusing to provide a specimen results in a longer suspension than failing a test. The DIC-24 Statutory Warning states that refusing a test for a first offense results in a suspension of 180 days. Just like with a failed test, the DIC-25 Notice of Suspension serves as a temporary permit valid for 40 days.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate civil 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 in an ALR hearing is lower than in a criminal trial; the DPS only needs to prove their case by a "preponderance of the evidence," meaning it is more likely than not that the facts support the suspension.

How to Prepare

Preparing for an 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 any other relevant information.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Collin County ALR hearings can guide you through the process, present your case effectively, and protect your rights.
• Understand What You Can Challenge: Common challenges in ALR hearings include the legality of the initial stop, the administration of the breath or blood test, and whether the officer properly advised you of your rights.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The SOAH judge rules in favor of the DPS, and your license suspension remains in effect.
• Suspension Overturned: The SOAH judge rules in your favor, and your license is not suspended.
• Restricted/Hardship License Granted: While not a direct outcome of the ALR hearing itself, if your suspension is upheld, you may be eligible for an Occupational Driver's License (ODL), allowing you to drive under specific restrictions.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL) under Texas Transportation Code § 521.241. This restricted license allows you to drive for "essential needs," including:

• Driving to and from work
• Driving to and from school
• Performing essential household duties (e.g., grocery shopping, medical appointments)

In Collin County, ODL petitions are typically filed in the County Courts at Law or the Justice of the Peace (JP) courts. A distinct feature of Collin County ODL practice is the "Logbook" rule. As explicitly outlined in the instructions for County Court at Law No. 1, the court favors a flexible approach. The Standing Order typically requires the petitioner to carry a "logbook, such as a spiral notebook, to log your driving time and mileage". You are generally restricted to a quantity of hours—typically 12 hours of driving within any 24-hour period. The driver must manually log the start time, destination, and purpose of every trip before driving, and the end time/mileage upon arrival.

Once the judge grants the ODL Petition, they sign an Order for Occupational Driver's License. This signed court order acts as the driver's legal license for 45 days from the date of signature. You must send a certified copy of this order, along with the SR-22 and reinstatement fees, to DPS in Austin. DPS then processes the request and mails a plastic ODL card.

A non-negotiable requirement for the ODL is the SR-22 Financial Responsibility Certificate. If the driver lapses in payment, the insurance company is legally mandated to notify DPS, leading to immediate revocation of the ODL.

Getting Your License Back

After Criminal Case Concludes

Once your suspension period is over (whether from the ALR process or a criminal conviction), you will need to reinstate your license. Reinstatement typically involves:

• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance.
• Completing any required DUI education programs or community service.

Collin County DPS Offices

For Collin County residents, three primary DPS offices serve the region. It is crucial to note the "Appointment Only" mandate across all locations.

• The Carrollton Mega Center: 4600 State Highway 121, Carrollton, TX 75010.
• The Plano Driver License Office: 2109 W. Parker Rd, Plano, TX 75023. Phone: 972-867-4221.
• The McKinney Driver License Office: 400 Powerhouse Street, McKinney, TX 75071. Phone: 214-733-5350.

DPS releases a limited number of same-day appointments online at roughly 7:30 AM.

Special Programs

• Ignition Interlock Device (IID): In some cases, you may be required to install an IID on your vehicle as a condition of your ODL or license reinstatement.
• Occupational License: As discussed above, this allows restricted driving privileges during a suspension.

Frequently Asked Questions

Q: Where do I file for an Occupational Driver's License in Collin County? A: In Collin County, ODL petitions are typically filed in the County Courts at Law or the Justice of the Peace (JP) courts.

Q: How long is my temporary driving permit valid after a DUI arrest in Collin County? A: The DIC-25 Notice of Suspension and Temporary Driving Permit is valid for 40 days from the date of your arrest.

Q: What is the "Logbook" rule for ODLs in Collin County? A: The "Logbook" rule allows ODL holders in Collin County to drive up to 12 hours in any 24-hour period, provided they log their trips with start time, destination, purpose, and end time/mileage.

Sources

• Texas Transportation Code Chapters 524 and 724
• Texas Transportation Code Chapter 724
• Collin County Sheriff's Office: Public Resources
• The Plano Driver License Office
• The McKinney Driver License Office