Floyd County License Hearing Guide

Floyd County DUI License Suspension & ALR Hearing

A Driving Under the Influence (DUI) arrest in Floyd County, Texas, sets in motion two separate legal processes: a criminal case and an administrative action concerning your driver's license. While the criminal case determines guilt or innocence, the administrative process, specifically the Administrative License Revocation (ALR) hearing, decides whether your driving privileges will be suspended. Understanding this distinction and acting swiftly is critical to protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence. You have a strict 15-day deadline from the date of your DWI arrest to request an ALR hearing. This hearing is your opportunity to contest the potential suspension of your driver's license. Requesting the hearing stops the suspension from automatically going into effect.

To request an ALR hearing, you must contact the State Office of Administrative Hearings (SOAH). Although the arrest occurred in Floyd County, ALR hearings are managed out of the Lubbock region.

The exact method for requesting the hearing should be confirmed with your attorney, as procedures can change, but generally involves contacting SOAH.

Failing to request an ALR hearing within the 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this deadline, making immediate action crucial.

Automatic License Suspension

If you do not request an ALR hearing within 15 days, or if you lose your ALR hearing, your license will be automatically suspended. The length of the suspension depends on whether you took a breath or blood test and what the result was, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was above the legal limit of 0.08, your license will be suspended. The suspension is for 180 days. After being arrested, the arresting officer will provide you with a temporary driving permit. It is valid until your hearing or the start of your suspension, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries a longer suspension under Texas's implied consent law. Under TX law, you have automatically consented to provide a specimen of your breath or blood if requested by law enforcement. Refusal carries a suspension of 90 days. This is a longer suspension than if you took the test and failed.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, separate and distinct from the criminal DWI case. It is conducted by an administrative law judge, not a criminal court judge. The purpose of the hearing is to determine whether there was probable cause for the traffic stop, whether you were lawfully arrested for DWI, and whether your BAC was above the legal limit or whether you refused to submit to testing.

The burden of proof in an ALR hearing is lower than in a criminal trial. The State only needs to prove its case by a preponderance of the evidence, meaning it is more likely than not that the facts support the suspension.

How to Prepare

Preparing for an ALR hearing is similar to preparing for any legal proceeding.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam video (remember DPS Lubbock may hold this if they were the arresting agency), or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Floyd County can help you navigate the ALR process, gather evidence, and present your case effectively.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the validity of the BAC test, or whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the administrative law judge finds that the State has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the administrative law judge finds that the State has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: Even if your 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

A hardship or restricted license, officially called an Occupational Driver's License (ODL), allows you to drive for essential purposes, such as work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: To be eligible for an ODL, you must show that your license is suspended, that you need to drive for essential purposes, and that you have no other means of transportation.
• What You Can Drive For: ODLs typically restrict driving to specific times and locations related to work, school, or medical needs.
• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for an ODL. There are court costs associated with filing the petition.
• IID Requirement: Depending on the circumstances of your DWI arrest and your prior driving record, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After Criminal Case Concludes

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

• Reinstatement Requirements: You will typically need to pay a reinstatement fee to the Texas Department of Public Safety (DPS).
• Fees: Confirm the exact reinstatement fee with the DPS, as it can vary.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, a certificate of financial responsibility, for a certain period.
• Classes/Programs That Must Be Completed: You may be required to complete a DWI education program or other court-ordered classes.

Floyd County DMV Offices

The Floyd County DPS Driver License office is located at the Floyd County Courthouse, 105 South Main Street #107. This office operates by appointment, which you can schedule through the statewide DPS system.

Special Programs

• Ignition Interlock Device Program: Texas law requires IIDs for certain DWI offenders. The specific requirements vary depending on the circumstances of the offense.
• Occupational License: As detailed above, an ODL allows driving for essential purposes during a suspension.

Navigating a DUI license suspension in Floyd County can be complex, but by understanding the deadlines, procedures, and available resources, you can protect your driving privileges and minimize the impact on your life.

Frequently Asked Questions

1. Where are ALR hearings held for Floyd County DWI arrests? ALR hearings stemming from Floyd County arrests are typically administered out of Lubbock by the State Office of Administrative Hearings.

2. If I lose my ALR hearing, can I still get an Occupational Driver's License in Floyd County? Yes, even if your license is suspended after the ALR hearing, you may be eligible to apply for an Occupational Driver's License (ODL) through the Floyd County Court system.

3. Does Floyd County have a local Ignition Interlock Device (IID) installer? Yes, Floyd County has a locally certified Ignition Interlock Device (IID) installer. Contact the Floyd County Courthouse for a list of approved installers in the area.