Denton County ALR Hearing Guide

Denton County DUI License Suspension & ALR Hearing

After a DUI arrest in Denton County, you face two separate legal battles: a criminal case and an administrative license suspension. The administrative process, handled by the Texas Department of Public Safety (DPS), can result in your driver's license being suspended before your criminal case even goes to trial. This guide explains the Administrative License Revocation (ALR) process in Denton County and what you need to do to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Denton County, you have a very limited time to act. You must request an ALR hearing within 15 days of your arrest to challenge the potential suspension of your driver's license.

• Where to Request: The request is made to the Texas DPS.
• How to Request: While specific methods may evolve, requesting the hearing typically involves contacting the DPS via their established channels.
• What Happens If You Miss the Deadline: Missing this deadline results in an automatic suspension of your driver's license, beginning on the 40th day after your arrest. There is no judicial discretion or "grace period" for late requests.

Automatic License Suspension

The Texas DPS can automatically suspend your driver's license under two primary scenarios: failing a breath or blood test, or refusing to submit to testing altogether.

If You Took the Breath/Blood Test and Failed

If your blood alcohol concentration (BAC) was over the legal limit of 0.08, your license will be suspended. The officer will confiscate your physical license and issue a temporary driving permit (Form DIC-25). This temporary permit is valid until your ALR hearing, or until the suspension begins if you don't request a hearing.

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 a breath or blood test carries a longer suspension period than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. It is conducted by the State Office of Administrative Hearings (SOAH) and determines whether the DPS has sufficient evidence to suspend your driver's license. The burden of proof is lower than in a criminal trial. The hearing is now conducted virtually.

How to Prepare

Preparing for your ALR hearing is crucial.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements or video footage.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the validity of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results.

Possible 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: Not directly an outcome of the ALR hearing itself, but if your suspension is upheld, you can then apply for an Occupational Driver's License (ODL) as discussed below.

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an Occupational Driver's License (ODL), which allows you to drive for essential purposes such as work, school, or medical appointments.

• Eligibility Requirements: You must demonstrate a need to drive and meet certain requirements set by the court.
• What You Can Drive For: Typically, an ODL restricts you to driving for work, school, or essential household duties.
• Costs and Application Process: Applying for an ODL involves filing a civil petition in the same court handling the DWI or a Justice of the Peace court.
• IID Requirement: The judge will typically require proof of SR-22 insurance and often, installation of an Ignition Interlock Device (IID) before signing the ODL order.

Getting Your License Back

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

After Criminal Case Concludes

Even if your criminal case is dismissed or you are found not guilty, you still need to take steps to reinstate your license after the ALR suspension period.

• Reinstatement Requirements: Complete any required alcohol education programs or community service.
• Fees: Pay a reinstatement fee of $125.00 to the DPS.
• SR-22 Insurance Requirement: Obtain and maintain SR-22 insurance for a specified period. This flags you as a high-risk driver, often leading to higher insurance premiums.

Denton County DMV Offices

The primary Driver License office in Denton is located at:

• Denton DPS: 4020 E. McKinney St, Denton, TX 76208. This facility handles license renewals, replacements, and ID cards. It does NOT host ALR hearings.
• Denton DPS: 820 N. Loop 288.
• Carrollton DPS: 4600 SH 121.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows you to drive with an IID installed in your vehicle. The device requires you to blow into it before starting the car, preventing you from driving under the influence.
• Occupational License: As described above, this allows you to drive for essential purposes during your suspension.

Frequently Asked Questions

Q: Where do I park when going to court for my DUI in Denton County? A: Free parking is available in the large surface lots surrounding the Denton County Courts Building at 1450 E. McKinney Street, Denton, TX 76209.

Q: How do I ensure I receive important notices from the DPS regarding my ALR hearing? A: The DPS communicates via a "Secure Email" system. Check your "Spam" or "Junk" folders regularly, as these emails often filter there. The email contains a link to the hearing notice which expires after a certain period.

Q: If I am required to install a SCRAM device, what are the operating hours of Recovery Monitoring Solutions (RMS) in Denton County? A: RMS, located at 109 S. Woodrow Lane, Suite 400, Denton, TX 76205, is closed on Mondays. Their operating hours Tuesday through Friday are 7:00 AM – 6:00 PM.

Sources

• Administrative License Revocation (ALR) Program | Department of ...
• DL Hearings - Texas Department of Public Safety
• Texas Department of Public Safety | Denton County, TX
• Driver's License Hearings Schedule - State Office of Administrative Hearings - Texas.gov
• Denton County - Recovery Monitoring Solutions
• FAQs • Where is courthouse parking? - Denton County
• FAQs • Where is courthouse parking? - Denton County