Collingsworth County License Hearing Guide

Collingsworth DUI License Suspension & ALR Hearing

Your life just took an unexpected turn. Being arrested for DUI in Collingsworth, Texas is a serious matter, and the clock is already ticking. This guide is designed to provide you with immediate, practical information about your driver's license and the Administrative License Revocation (ALR) process. It's crucial to understand that the ALR process is separate from your criminal DUI case. The ALR hearing deals solely with your driving privileges, while the criminal case addresses the actual charges against you. This guide focuses on protecting your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important information you need right now. In Texas, you have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension. Don't delay!

Where to Request: The request must be made to the Texas Department of Public Safety (DPS).

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

• Online: Visit the Texas DPS website (www.dps.texas.gov). Look for the section on Driver License Enforcement and ALR hearings.
• Mail: Send a written request to the address provided on the temporary driving permit you received at the time of your arrest. If you do not have this permit, contact the DPS immediately to obtain the correct address.
• Phone: While online or mail is preferred, you may be able to initiate the request by phone. Contact the DPS directly at the number listed on their website for Driver License Enforcement. Be prepared to follow up with written confirmation.

What to Include in Your Request: Your written request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• The date of your arrest
• The county where you were arrested (Collingsworth)
• 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, your driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath/blood test and failed, or if you refused to take a test.

Automatic License Suspension

The Texas Department of Public Safety (DPS) can automatically suspend your license based on the circumstances of your DUI arrest.

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 suspension period for a first-time offense is typically 90 days to 1 year.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is typically valid for 40 days. This allows you time to request and potentially have an ALR hearing. If you request a hearing, the temporary permit remains valid until the hearing is held and a decision is made. If you don't request a hearing, the suspension will begin after the 40-day temporary permit expires.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing one. In Texas, refusing a test for a first offense results in a license suspension of 180 days.

• Implied Consent Law in Texas: Texas operates under an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusal to comply can lead to the aforementioned license suspension, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the DPS's attempt to suspend your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice versa.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending your driver's license.

• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which means it is "more likely than not" that the suspension is warranted. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is key to maximizing your chances of success at the ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): If there are any witnesses to the events leading up to your arrest, obtain their statements. If there is any video footage (e.g., dashcam footage) that could be helpful, try to obtain a copy.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand the process, gather evidence, and present your case effectively. They know the law and can challenge the DPS's evidence.

• 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 the officer had probable cause to arrest you.

• Whether you were properly informed of your rights regarding testing.

• Whether the breath/blood test was administered correctly.

• The accuracy of the breath/blood test results.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has proven its case, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not proven its case, the suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (discussed below).

Hardship/Restricted License in Texas

A hardship or restricted license, also known as an occupational license, allows you to drive for essential purposes, such as work, school, and medical appointments, even while your license is suspended.

• Eligibility Requirements: To be eligible for an occupational license, you must meet certain requirements, including:

• Having your license suspended due to a DUI (or other eligible offense).

• Demonstrating a need to drive for essential purposes.

• Not having any other active suspensions or revocations.

• Filing a petition with the court in the county where you reside or where the offense occurred (Collingsworth County).

• What You Can Drive For (Work, School, Medical): An occupational license typically restricts you to driving for specific purposes, such as:

• Traveling to and from work.

• Attending school or job training.

• Seeking necessary medical treatment.

• Costs and Application Process: The application process for an occupational license involves:

• Filing a petition with the appropriate court.

• Providing documentation to support your need to drive.

• Paying court fees.

• Obtaining an SR-22 insurance policy.

• 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 occupational license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement may vary depending on the outcome of your criminal case and the terms of your suspension. Generally, you will need to:

• Pay a reinstatement fee to the DPS.

• Provide proof of SR-22 insurance (if required).

• Complete any required alcohol education or treatment programs.

• Fees: The reinstatement fee can vary, so check with the DPS for the current amount.

• SR-22 Insurance Requirement: If your license was suspended due to DUI, you will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility.

• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete an alcohol education program, a community service requirement, or other court-ordered programs.

Collingsworth DMV Offices

Unfortunately, Collingsworth County is a very small county with no dedicated DMV/DPS office directly within its borders. You will likely need to travel to a neighboring county. Please contact the Texas DPS directly to confirm the nearest location and hours of operation. You can find contact information on the Texas DPS website (www.dps.texas.gov).

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory ignition interlock device (IID) program for certain DUI offenders. This program requires individuals to install a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes while your license is suspended.

This guide is intended to provide general information and should not be considered legal advice. It is crucial to consult with a qualified DUI attorney in Texas to discuss the specific circumstances of your case and to receive personalized guidance on how to protect your driving privileges. Don't delay - the 15-day deadline to request an ALR hearing is rapidly approaching!