Dickens County License Hearing Guide

Dickens DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Dickens, Texas, can significantly disrupt your life. It affects your ability to get to work, take care of your family, and handle everyday responsibilities. It's crucial to understand that there are two separate legal processes at play: a criminal case and an administrative case. This guide focuses on the administrative process, specifically how to fight the suspension of your driver's license. This is often handled through an Administrative License Revocation (ALR) hearing, and time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Dickens, you face an automatic license suspension unless you take immediate action. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in your license being automatically suspended.

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

How to Request:

• Online: The fastest way is often through the Texas DPS website. Look for the section on Driver License Enforcement and ALR hearings. You'll need information from your arrest paperwork.
• Phone: You can try contacting the DPS Driver License Division by phone, but be prepared for potential wait times. Find the correct phone number on the DPS website. It's generally recommended to use the online method if possible, as it provides a confirmation.
• Mail: You can send a written request to the Texas DPS Driver License Division. Ensure you send it via certified mail with return receipt requested, so you have proof of submission within the 15-day window. The address can be found on the DPS website.

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. The suspension period depends on whether you submitted to a breath or blood test and the results, or if you refused testing altogether. Don't let this happen – act now!

Automatic License Suspension

Even if you request an ALR hearing, your license could still be suspended, depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you took 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 doesn't go your way.

• BAC over 0.08: The length of the suspension period varies depending on prior offenses but can typically range from 90 days to 1 year for a first offense.
• Temporary Permit: You likely received a temporary driving permit when you were arrested. This permit is typically valid for 40 days, giving you time to request the ALR hearing and, if necessary, prepare for the suspension. The temporary permit will expire either when the ALR hearing is held (and you lose), or at the end of the 40-day period if no hearing is requested.

If You Refused Testing

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

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for a longer period, typically 180 days to 2 years for a first offense.
• 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 chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences, including the longer license suspension.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: It's crucial to understand that the ALR hearing is completely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient cause to suspend your license.
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "probable cause" that you were driving while intoxicated, not "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential to maximizing your chances of winning your ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, video footage (if available from dashcams or surveillance cameras), receipts from restaurants or bars, and any medical documentation relevant to your condition at the time of the arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can be invaluable. They understand the legal procedures, know how to present evidence effectively, and can cross-examine witnesses to challenge the DPS's case. Given the short deadline, it's important to contact one as soon as possible.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether you were properly informed of your rights regarding breath or blood testing.
• The accuracy of the breath or blood test results.
• Whether you actually refused to take a breath or blood test.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient cause to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient cause, the suspension will be overturned, and your license 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 that allows you to drive for essential purposes (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license in Texas, allowing you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must typically demonstrate that you need to drive for work, school, or essential family needs (e.g., medical appointments). You must also show that you have no other reasonable means of transportation.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as getting to and from work, school, or medical appointments. You may also be limited to specific hours of the day and days of the week.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying a fee. You will need to provide documentation supporting your need to drive and your compliance with any court-ordered requirements.
• 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 occupational license.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered programs as a condition of reinstatement.

Dickens DMV Offices

Unfortunately, Dickens, Texas, has no population or dedicated DPS office due to its status as a ghost town. You will need to travel to a nearby city for DPS services. Here are some options:

• Lubbock DPS Driver License Office: (Address and Hours - Research and add current information)
• Abilene DPS Driver License Office: (Address and Hours - Research and add current information)
• Snyder DPS Driver License Office: (Address and Hours - Research and add current information)

Always verify the hours of operation before visiting any DPS office.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory ignition interlock device (IID) program for certain DUI offenders, particularly those with high BAC levels or repeat offenses.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes during a license suspension.

This guide provides general information about DUI license suspensions and ALR hearings in Dickens, Texas. Given the complexities of DUI law and the specific facts of your case, it's highly recommended that you consult with a qualified Texas DUI attorney to protect your rights and explore all available options. Remember, the 15-day deadline to request an ALR hearing is critical. Act now to preserve your driving privileges!