Dallam County License Hearing Guide

Dallam County DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Dallam County can trigger two separate legal processes: a criminal case in either the Dallam County Court or the 69th Judicial District Court, and an administrative case handled by the Texas Department of Public Safety (DPS) concerning your driver's license. This guide focuses specifically on the administrative side – the potential suspension of your driver's license and the process for challenging that suspension through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Dallam County, you have only 15 days from the date of your arrest to request an ALR hearing from the Texas DPS. This hearing is your opportunity to contest the suspension of your driver's license. Missing this deadline results in an automatic license suspension, beginning 40 days after the arrest.

To request a hearing, you can contact the Texas DPS through the following methods:

• Online: Requests can be filed via the Texas DPS ALR portal. Be aware that the system often requires specific browser configurations (Chrome/Edge, not Firefox).
• Fax: The designated state-level fax for ALR requests is 512-424-2650. Using fax provides a transmission receipt, which is critical proof of timely filing.
• Phone: 800-394-9913 (ALR specific line).

It's highly recommended to use fax or online methods to obtain proof of timely submission. Missing the deadline results in automatic suspension.

Automatic License Suspension

The Texas DPS will automatically suspend your driver's license under two primary scenarios following a DUI arrest: failing or refusing a breath or blood test.

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 at or above 0.08, your license will be suspended.

• BAC over 0.08: Suspension per TX law

The arresting officer should have provided you with a temporary driving permit. This permit is typically valid until your ALR hearing or until the date the suspension is scheduled to begin (40 days after arrest).

If You Refused Testing

Under Texas's implied consent law, 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 a longer suspension period than failing the test.

• Refusal carries a longer suspension under Texas implied consent law

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding separate from your criminal DUI case. It is conducted by the Texas DPS and determines whether sufficient grounds exist to suspend your driver's license. It's important to understand that the burden of proof is lower in an ALR hearing than in a criminal trial. The DPS only needs to demonstrate that it's more likely than not that you were driving while intoxicated.

How to Prepare

Preparing for an ALR hearing is crucial for maximizing your chances of retaining your driving privileges. Consider the following steps:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, videos, or photos that contradict the police officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Dallam County can guide you through the ALR process, represent you at the hearing, and challenge the DPS's evidence. They will understand the nuances of local law enforcement and judicial procedures.
• Understand What You Can Challenge: Common challenges in an ALR hearing include the legality of the initial traffic stop, the administration of the breath or blood test, and the officer's observations of your alleged intoxication.

Possible Outcomes

The ALR hearing can result in several outcomes:

• Suspension Upheld: The DPS finds sufficient evidence to justify the license suspension.
• Suspension Overturned: The DPS fails to prove its case, and your license suspension is lifted.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for essential purposes even during the suspension period.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a hardship license, in Texas. This allows you to drive for essential purposes such as:

• Work
• School
• Essential household duties

Eligibility requirements for an ODL in Texas generally include:

• Having a valid Texas driver's license at the time of the DUI arrest.
• Demonstrating a need to drive for essential purposes.
• Not having certain disqualifying convictions on your driving record.

The application process involves filing a petition with the court and providing supporting documentation. If granted, the ODL will specify the hours and locations you are permitted to drive. You may also be required to install an Ignition Interlock Device (IID) on your vehicle.

Getting Your License Back

Once your license suspension period ends, whether after an ALR hearing or after serving the full suspension, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Reinstatement requirements typically include:

• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any required alcohol education courses or community service.

Dallam County DMV Offices

While there is no dedicated DMV office in Dallam County, residents must utilize the regional DPS offices for driver's license services. For specific locations and hours, it is best to contact the Texas DPS directly or consult their online directory. Texas DPS Locations

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required as a condition of obtaining an ODL or as part of your criminal sentence. This device requires you to blow into it before starting your vehicle, preventing operation if alcohol is detected.
• Occupational License: Allows driving for essential purposes during a suspension.
• Alcohol Awareness Providers: A list of providers can be obtained online Alcohol Awareness Providers by City

Frequently Asked Questions

Q: How likely is it that I'll get a Personal Recognizance (PR) bond in Dallam County after a DWI arrest? A: Not very likely, especially if you're a non-resident or have a prior record. Flight risk is a significant concern on the US-87 highway corridor.

Q: Where will I be taken if I'm arrested for DWI in Dallam County? A: You'll likely be taken to the Dallam-Hartley County Jail located at 201 East 5th Street, Dalhart, TX 79022.

Q: What court will handle my misdemeanor DWI case in Dallam County? A: Most likely the Dallam County Court, located at the Dallam County Courthouse, 414 Denver Avenue, Suite 301, Dalhart, TX 79022.