Fayette County License Hearing Guide

Fayette DUI License Suspension & ALR Hearing

If you've just been arrested for Driving Under the Influence (DUI) in Fayette County, Texas, you're likely overwhelmed and worried. One of the most immediate concerns is the potential suspension of your driver's license. This guide provides critical information about the Administrative License Revocation (ALR) hearing process, deadlines, and what you need to do right now to protect your driving privileges. It’s important to understand that the ALR process is completely separate from your criminal DUI case. This means your license can be suspended before you even go to court on the DUI charge.

Your License After a DUI Arrest in Fayette

When you're arrested for DUI in Texas, two separate legal processes are initiated:

• Criminal Case: This involves the DUI charge itself, where the State of Texas attempts to prove you were driving while intoxicated. This occurs in the Fayette County court system.
• Administrative License Revocation (ALR) Process: This is a civil process managed by the Texas Department of Public Safety (DPS) and focuses solely on whether your driver's license should be suspended due to the DUI arrest.

This guide focuses on the ALR process, which has a very tight deadline for action.

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 ALR hearing. If you fail to request a hearing within this timeframe, your driver's license will automatically be suspended.

Where to Request:

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

How to Request:

You can request an ALR hearing in one of the following ways:

• Online: Visit the Texas DPS website and search for "ALR Hearing Request." Follow the online instructions. This is often the fastest and most efficient method.
• Mail: Send a written request to the Texas Department of Public Safety at the address provided on the DIC-24 form (the "Notice of Suspension"). It's crucial to send this request via certified mail with return receipt requested to ensure you have proof of timely submission.
• Phone: While some regional DPS offices may offer phone requests, it is HIGHLY recommended to use the online or mail options to ensure you have a documented record of your request. Verify phone request options with your regional DPS office.

What to Include in Your Request (if mailing):

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• A clear statement that you are requesting an ALR hearing

What Happens if You Miss the Deadline:

If you miss the 15-day deadline, your Texas driver's license will be automatically suspended, regardless of the outcome of your criminal DUI case. This suspension will begin 40 days after your arrest. Don't let this happen! Act now!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension, pending the outcome of the hearing. The length of the suspension depends on whether you took a breath or blood test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended if the ALR hearing upholds the suspension. The length of the suspension will depend on your driving record.
• Temporary Permit: The DIC-24 form you received at the time of your arrest serves as a temporary driving permit. This permit is valid until the date of the ALR hearing or until the 40th day after your arrest if you don't request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty than failing the test.
• Implied Consent Law in Texas: Texas, like all states, has an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusal to submit to testing results in an automatic license suspension, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

Understanding the ALR hearing is crucial to defending your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa (though evidence presented at the ALR hearing can sometimes be used in the criminal case).
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove that there was probable cause for the traffic stop and that you were driving with a BAC of 0.08 or higher, or that you refused to take a breath or blood test. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

Preparing for the ALR hearing can significantly increase your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that might support your case, such as witness statements, dashcam footage, or any information that challenges the probable cause for the stop or the accuracy of the breath/blood test.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can navigate the complexities of the ALR hearing process, gather evidence, subpoena witnesses, and represent you effectively at the hearing. They understand the specific procedures and legal arguments relevant to Fayette County and Texas DUI law.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• The legality of the traffic stop
• The administration and accuracy of the breath/blood test
• Whether you were properly informed of your rights
• Whether there was probable cause to believe you were intoxicated

Possible Outcomes

• Suspension Upheld: The DPS successfully proves its case, and your license is suspended.
• 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.

Hardship/Restricted License in Texas

Even with a suspended license, you might be able to obtain a hardship license, also known as an Occupational Driver's License (ODL), allowing you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You also need to prove that your license suspension is causing undue hardship.
• What You Can Drive For: An ODL typically restricts you to driving only for work, school, or essential household duties. The judge will specify the times, locations, and purposes for which you are allowed to drive.
• Costs and Application Process: The application process involves filing a petition with the court, paying court fees, and providing evidence of your need to drive.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, 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

After the ALR suspension period ends and the criminal case concludes (regardless of the outcome), you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the Texas DPS.
• Fees: Reinstatement fees vary and can be found on the Texas DPS website.
• 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: Depending on the outcome of your criminal case, you may be required to complete a DUI education program or other court-ordered classes.

Fayette DMV Offices

While you may need to contact the main Texas DPS, here is general information. Be sure to check the Texas DPS website for the most up-to-date locations and hours as this information can change.

• Texas Department of Public Safety (DPS)
• [Phone Number - Check DPS Website for nearest location]
• [Hours - Check DPS Website for nearest location]

Special Programs

• Ignition Interlock Device (IID) Program: This program requires you to install a breathalyzer device in your vehicle that prevents it from starting if alcohol is detected on your breath.
• Occupational License: As described above, this allows you to drive for essential purposes during a license suspension.
• Any State-Specific Programs: The Texas DPS website will have information about any specific state-mandated DUI programs.

Disclaimer: This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Fayette County, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to discuss your specific case and legal options. Time is of the essence, especially with the strict 15-day deadline to request an ALR hearing.