Deaf Smith County License Hearing Guide

Deaf Smith DUI License Suspension & ALR Hearing

Being arrested for a DUI in Deaf Smith, Texas, can be a frightening experience. Besides the criminal charges you're facing, your driver's license is also at risk. Understanding the process of license suspension and the Administrative License Revocation (ALR) hearing is crucial for protecting your driving privileges. This guide provides immediate, practical information to help you navigate this challenging situation in Deaf Smith County.

It's important to understand that the license suspension process is separate from the criminal court case. The criminal case determines your guilt or innocence regarding the DUI charge itself. The ALR hearing, on the other hand, is an administrative process handled by the Texas Department of Public Safety (DPS) and determines whether your driver's license will be suspended. You can be found not guilty in criminal court and still lose your license in the ALR process, and vice-versa.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! After a DUI arrest in Deaf Smith, you have only 15 days from the date of your arrest to request an ALR hearing. Missing this deadline results in an automatic suspension of your driver's license.

Where to Request:

You must request your ALR hearing from the Texas Department of Public Safety (DPS).

How to Request:

You have several options for requesting your ALR hearing:

• Online: The fastest and often most convenient method is to request the hearing online through the Texas DPS website. Look for the ALR Hearing Request section.
• Phone: Contact the Texas DPS directly by phone. You can find the appropriate number on the DPS website. Be prepared to provide information about your arrest.
• Mail: Send a written request for an ALR hearing to the Texas DPS office responsible for your case. It's critical to send the request via certified mail with a return receipt to ensure proof of delivery. Address and contact information can be found on the DPS website or by contacting the DPS directly. Include your name, date of birth, driver's license number, arrest date, and a clear statement that you are requesting an ALR hearing.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your Texas driver's license will be automatically suspended. This suspension will begin 40 days after the date of your arrest. Don't let this happen! Act quickly to protect your driving privileges.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension depending on the circumstances of your arrest.

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 if the ALR hearing upholds the suspension.

• BAC over 0.08: The suspension period in Texas for a first-time DUI with a BAC over 0.08 is typically 90 days.
• Temporary Permit: You should have received a temporary driving permit at the time of your arrest. This permit is valid until either your ALR hearing or the beginning of your suspension period, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty in Texas.

• Refusal Penalty: Refusal to take a breath or blood test results in a longer license suspension. For a first-time refusal, the suspension period is typically 180 days.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for suspicion of driving under the influence. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is a completely separate proceeding from your criminal DUI case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the Texas DPS has sufficient evidence to justify suspending your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

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, video footage (if available), or any documentation that challenges the validity of the arrest or the accuracy of the BAC test.
• Consider Hiring a DUI Attorney: A qualified Texas DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the law, the procedures, and the strategies necessary to effectively challenge the suspension of your license.
• 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 for DUI.
• Whether you were properly informed of your rights regarding chemical testing.
• The accuracy and reliability of the breath or blood test results.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the DPS presents sufficient evidence and you are unable to successfully challenge it, the administrative law judge will uphold the suspension of your license.
• Suspension Overturned: If you successfully challenge the DPS's case, the administrative law judge will overturn the suspension, and your license will remain valid.
• 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 under certain circumstances (see below).

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, in Texas.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments for yourself or a family member
• What You Can Drive For: An ODL typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and obtaining a court order authorizing the issuance of the ODL. There are associated court costs and fees.
• IID Requirement: Depending on the circumstances of your DUI arrest, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period has ended and your criminal case is resolved, you must meet certain requirements to reinstate your license. These requirements typically include:
• Fees: Paying a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility required by the state for high-risk drivers. You will likely need to maintain SR-22 insurance for a period of two to three years.
• Classes/Programs that Must be Completed: Completing any required DUI education courses or community service programs.

Deaf Smith DMV Offices

Unfortunately, Deaf Smith County is a Tier 3 county with no official DPS office located within its borders. The closest DPS offices are located in neighboring counties. Contact the Texas DPS directly to confirm the nearest location and hours of operation.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required as a condition of obtaining an Occupational Driver's License or as part of your criminal sentence. The IID requires you to provide a breath sample before starting your vehicle and periodically while driving.
• Occupational License: As described above, this allows for limited driving privileges during a suspension.

This information is intended as a general guide and should not be considered legal advice. It is highly recommended that you consult with a qualified Texas DUI attorney to discuss the specific details of your case and to protect your rights. Don't delay – your license and your future are at stake.