Eastland County License Hearing Guide

Eastland DUI License Suspension & ALR Hearing

Your DUI arrest in Eastland, Texas, is just the beginning of a complex process. Beyond the criminal charges, you're also facing potential suspension of your driver's license through an administrative process. This guide will walk you through the steps you need to take immediately to protect your driving privileges in Eastland County. Time is of the essence, so read carefully and act fast.

Your License After a DUI Arrest in Eastland

When you're arrested for DUI (Driving Under the Influence) in Eastland, Texas, you're essentially facing two separate legal battles: a criminal case and an administrative action against your driver's license. The criminal case deals with the DUI charge itself, potentially leading to fines, jail time, and a criminal record. The administrative action, handled by the Texas Department of Public Safety (DPS), focuses solely on your driving privileges.

This guide specifically addresses the administrative side – the process of potentially losing your license and what you can do to prevent it. It's crucial to understand that the outcome of your criminal case does not automatically determine the outcome of your license suspension. They are independent processes. Even if you're eventually acquitted of the DUI charge, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

Where to Request:

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

How to Request:

You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website and navigate to the section for requesting an ALR hearing. You'll need your driver's license information and details about your arrest.
• Phone: Call the Texas DPS at their designated ALR hearing request number. The specific number may vary, so check the DPS website for the most current contact information.
• Mail: Send a written request for an ALR hearing to the Texas DPS. Include your full name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement requesting the hearing. Send it via certified mail with return receipt requested so you have proof of your request. The address will be on the paperwork you received at the time of your arrest.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule, so don't delay! Missing this deadline essentially concedes the administrative case against you.

Automatic License Suspension

The Texas DPS can automatically suspend your license based on the circumstances surrounding your DUI arrest. The reason for the suspension, and the length of the suspension, depends on whether you took a breath or blood test and, if so, the results.

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.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.

• Temporary Permit: If you were issued a temporary driving permit at the time of your arrest, it's usually valid until your ALR hearing or until the suspension officially begins. This permit allows you to drive until one of those events occurs.

If You Refused Testing

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

• 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: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in the automatic license suspension.

The ALR/Administrative Hearing

Requesting an ALR hearing gives you the opportunity to challenge the impending suspension of your driver's license.

What It Is

• Separate From Criminal Court: Remember, the ALR hearing is completely separate from your criminal DUI case. The hearing officer is an administrative law judge, not a criminal court judge.

• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether there was sufficient probable cause for the police to arrest you for DUI and whether your BAC was over the legal limit (or whether you refused testing).

• 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 prove their case by a "preponderance of the evidence," meaning it's more likely than not that you were driving under the influence.

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 (dashcam or bodycam), medical records, or anything else that casts doubt on the validity of the arrest or the accuracy of the BAC results.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the law, know how to present evidence effectively, and can cross-examine witnesses to expose weaknesses in the DPS's case.

• Understand What You Can Challenge: You can challenge various aspects of the case, including:

• Whether the police had probable cause to stop you.

• Whether the police followed proper procedures during the arrest.

• The accuracy and reliability of the breath or blood test.

• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has proven its case, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DPS has not proven its case, the suspension will be overturned, and your driving privileges 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, allowing you to drive under certain circumstances.

Hardship/Restricted License in Texas

Even with a suspended license, you might be able to obtain a restricted or "occupational" license in Texas. This allows you to drive for essential purposes.

• Eligibility Requirements: You'll generally need to demonstrate that you need to drive for work, school, or essential family needs (like medical appointments). You must also meet certain criteria related to your driving record.

• What You Can Drive For: An occupational license typically restricts your driving to specific locations and times, such as driving to and from work or school.

• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for a restricted license. There are associated court fees.

• IID Requirement: Depending on the circumstances of your DUI and the conditions of the occupational license, you may be required to install an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

The outcome of your criminal case can also impact your license reinstatement. Even if you avoid a conviction, you'll likely still need to address the administrative suspension.

• Reinstatement Requirements: You'll typically need to pay a reinstatement fee to the Texas DPS.

• Fees: Check the Texas DPS website for the current reinstatement fee.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance.

• Classes/Programs That Must Be Completed: Depending on the terms of your criminal case or the requirements of the Texas DPS, you may need to complete a DUI education course or other related programs.

Eastland DMV Offices

Since Eastland has no population, you'll likely need to visit a DPS office in a neighboring county. Check the Texas DPS website (www.dps.texas.gov) for the nearest location and their hours of operation. It's always recommended to call ahead to confirm hours and required documentation.

Special Programs

• Ignition Interlock Device (IID) Program: This program requires you to install a device in your vehicle that prevents it from starting if you have alcohol on your breath. This may be required for certain DUI offenses or to obtain a restricted license.

• Occupational License: As described above, this allows you to drive for essential purposes even with a suspended license.

This guide provides a general overview of the DUI license suspension process in Eastland, Texas. Remember, this information is not a substitute for legal advice. Because Eastland is a Tier 3 county, legal resources may be limited. It is strongly recommended that you consult with an experienced DUI attorney as soon as possible to protect your rights and explore all available options. The 15-day deadline to request an ALR hearing is critical, so don't delay.