Cooke County License Hearing Guide

Cooke DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Cooke County, Texas, can trigger two separate legal processes: a criminal case and an administrative license suspension. While your criminal case deals with the charges against you in court, the administrative process, handled by the Texas Department of Public Safety (DPS), determines whether your driver's license will be suspended. This guide focuses on the administrative side, specifically the critical ALR (Administrative License Revocation) hearing and what you need to do immediately to protect your driving privileges. Don't delay – time is of the essence.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Cooke 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. If you fail to request a hearing within this timeframe, your license will be automatically suspended. This is not something to take lightly, as driving with a suspended license carries severe penalties.

Where to Request an ALR Hearing:

You must request the hearing through the Texas Department of Public Safety (DPS).

How to Request an ALR Hearing:

You can request a hearing in one of the following ways:

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request") and follow the online instructions. This is often the fastest and most convenient method.
• Mail: Send a written request to the address provided on the DIC-25 form (Notice of Suspension) you received from the arresting officer. If you don't have the form, contact the DPS directly to obtain the correct address. Certified mail with return receipt requested is highly recommended to prove your request was received on time.
• Phone: While generally discouraged, you may be able to request a hearing by phone. However, this method can be unreliable as it lacks written proof of your request. Verify with the DPS if this is an option and, if so, document the date, time, and name of the person you spoke with.

What Happens If You Miss the Deadline:

If you miss the 15-day deadline, your Texas driver's license will be automatically suspended. There is very little recourse once this deadline has passed. Do not risk this happening. Request your hearing immediately.

Automatic License Suspension

Your license can be suspended automatically based on the circumstances of your DUI arrest, regardless of the outcome of your criminal case.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension depends on your driving history:

• First Offense: Typically, a 90-day suspension.
• Repeat Offense or BAC of 0.15 or higher: Can result in a longer suspension, up to two years.

The arresting officer likely gave you a temporary driving permit valid for a limited time (usually 40 days). This permit is valid until your ALR hearing or until the suspension begins, whichever comes first.

If You Refused Testing

Texas has 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 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 suspension will be longer than if you had taken and failed the test. For a first-time refusal, the suspension is typically 180 days. Subsequent refusals can result in suspensions of up to two years.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the suspension of your driver's license. It's a separate proceeding from your criminal case, meaning the outcome of the ALR hearing doesn't directly impact the criminal charges against you, and vice-versa.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative hearing, not a criminal trial. It is conducted by an administrative law judge (ALJ) from the State Office of Administrative Hearings (SOAH).
• Determines License Suspension: The sole purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the grounds for suspension exist. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video recordings, or documentation challenging the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings in Cooke County can significantly improve your chances of a favorable outcome. They understand the law, the procedures, and how to present your case effectively. They can also subpoena witnesses and cross-examine the arresting officer.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and the evidence against you, 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 administered properly and the results are accurate.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ 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.

Hardship/Restricted License in Texas

Even if your license is suspended, you might be eligible for an Occupational Driver's License (ODL), also known as a hardship license. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: You must demonstrate a need to drive for essential activities.
• What You Can Drive For: Typically restricted to work, school, and essential household duties.
• Costs and Application Process: You must file a petition with the court and obtain a court order authorizing the ODL. There are filing fees associated with this process.
• 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 the ODL.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Reinstatement usually involves the following:

• Reinstatement Requirements: Paying a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a period of time (usually two years).
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered requirements.

Cooke DMV Offices

Unfortunately, Cooke County is a Tier 3 county, meaning it has a smaller population and fewer resources. You will likely need to travel to a neighboring county for full DPS services. Check the Texas DPS website for the most up-to-date information on locations and hours.

Special Programs

• Ignition Interlock Device Program: This program allows you to drive with a device installed in your car that prevents it from starting if you have alcohol on your breath.
• Occupational License: As discussed above, this allows you to drive for essential purposes during a suspension.
• DUI Education Program: This is a mandatory program for many DUI offenders, designed to educate them about the dangers of drunk driving.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. The laws surrounding DUI are complex and constantly evolving. Don't navigate this alone. Take action now to protect your rights and your driving privileges.