Donley County License Hearing Guide

Donley DUI License Suspension & ALR Hearing

A DUI arrest in Donley, Texas can trigger two separate legal processes: a criminal case in the Donley County court system and an administrative action against your driver's license by the Texas Department of Public Safety (DPS). This guide focuses on the administrative action, specifically the potential suspension of your driver's license and the process for fighting it through an Administrative License Revocation (ALR) hearing. It's crucial to understand that these are separate from your criminal case, and you must act quickly to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Donley, you have a very limited time to request an ALR hearing. You MUST request this hearing within 15 days of your arrest. This is a strict deadline. Missing it will result in the automatic suspension of your driver's license.

Where to Request the Hearing:

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

How to Request the Hearing:

You can request the hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request"). Follow the online instructions to submit your request.
• Phone: Call the Texas DPS at the designated ALR hearing request number (search "Texas DPS ALR Hearing Request Phone Number"). Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: Send a written request to the Texas DPS at the address provided on your DIC-24 form (the form you should have received from the officer at the time of your arrest). Your request must include your full name, date of birth, driver’s license number, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove timely submission.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest, your Texas driver's license will be automatically suspended. You will receive a notice from the DPS confirming the suspension and the effective date. Once suspended, driving is illegal and can result in further criminal charges. Don't let this happen! Act now.

Automatic License Suspension

Texas law mandates automatic license suspension in DUI cases under specific circumstances. Understanding these circumstances is vital for knowing what you're up against.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and the results showed a blood alcohol concentration (BAC) of 0.08 or higher, your license will be suspended. The length of the suspension depends on your driving record and whether this is your first offense.

• BAC over 0.08 (First Offense): The suspension period is typically 90 days.
• Temporary Permit: The temporary permit you received at the time of your arrest is usually valid until the date of your ALR hearing or until the suspension officially begins, whichever comes first. This allows you to drive legally until the outcome of the hearing or the start of the suspension.

If You Refused Testing

Refusing to submit to a breath or blood test carries harsher penalties than failing the test in Texas. This is due to Texas's implied consent law.

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for 180 days for a first offense.

• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this implied consent results in administrative penalties, including license suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a separate process from the criminal case, and the rules of evidence and burden of proof are different.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the Texas DPS, not a criminal trial. The outcome of the ALR hearing does not directly impact the criminal charges against you, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending your driver's license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence" (more likely than not), which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (if available), medical records, or any other information that challenges the DPS's case.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can effectively cross-examine witnesses, and can present your case in the most persuasive manner. While there are no lawyers based in Donley county, there are lawyers in surrounding counties.
• 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 the breath or blood test was administered properly.
• Whether the BAC results were accurate.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: The DPS presents sufficient evidence to justify the suspension, and your license is suspended for the applicable period.
• Suspension Overturned: You successfully challenge the DPS's case, and your license is not suspended.
• 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 a restricted or "occupational" license, allowing you to drive for essential purposes.

• Eligibility Requirements: To be eligible, you typically need to demonstrate that the suspension is causing undue hardship and that you need to drive for work, school, or essential medical appointments.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to work, school, or medical needs.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, obtaining a court order, and then applying to the DPS. There are associated filing fees and administrative costs.
• IID Requirement: Depending on the circumstances of your DUI arrest and the terms of the occupational license, you may be required to install an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Successfully navigating the DUI process and fulfilling all requirements is essential to getting your license reinstated.

After Criminal Case Concludes

Whether you are found guilty, accept a plea bargain, or have the charges dismissed, the outcome of your criminal case will influence your license reinstatement process.

• Reinstatement Requirements: After the suspension period ends, you must meet certain requirements to reinstate your driver's license. These typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required alcohol education or treatment programs.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the DPS after certain traffic violations, including DUI. It demonstrates that you have the minimum required liability insurance coverage. You will likely need to maintain SR-22 insurance for a period of two to three years.
• Classes/Programs That Must Be Completed: The court or the DPS may require you to complete alcohol education programs, community service, or other treatment programs as a condition of your license reinstatement.

Donley DMV Offices

Unfortunately, Donley County is a Tier 3 county, meaning it has no DPS offices located within its borders. You will need to travel to a neighboring county for DPS services. Some nearby options include:

• Clarendon DPS Office: (Address and Hours - Search online for the most up-to-date information)
• Childress DPS Office: (Address and Hours - Search online for the most up-to-date information)

Always verify hours and services before visiting any DPS office.

Special Programs

• Ignition Interlock Device (IID) Program: This program requires you to install a device in your vehicle that prevents it from starting if it detects alcohol on your breath. It may be required as a condition of a restricted license or after a DUI conviction.
• Occupational License: As described above, this allows you to drive for essential purposes even while your license is suspended.

This information is intended for general guidance only and should not be considered legal advice. If you have been arrested for DUI in Donley County, Texas, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options.