Foard County License Hearing Guide

Foard DUI License Suspension & ALR Hearing

A DUI arrest in Foard County, Texas can be a frightening experience. Beyond the criminal charges, you're also facing the potential suspension of your driver's license. It's crucial to understand that the license suspension process is separate from your criminal case. This guide explains the administrative process, focusing on the all-important Administrative License Revocation (ALR) hearing and what you need to do immediately to protect your driving privileges.

Important: This information is for guidance only and does not constitute legal advice. You should consult with a qualified Texas DUI attorney as soon as possible.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Foard County, the Texas Department of Public Safety (DPS) will likely attempt to suspend your driver's license. However, you have the right to challenge this suspension by requesting an Administrative License Revocation (ALR) hearing. This is a time-sensitive matter. You only have 15 days from the date of your arrest to request this hearing.

Missing this deadline means your license will be automatically suspended, significantly impacting your ability to get to work, school, or other essential commitments.

Where to Request the Hearing:

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

How to Request the Hearing:

You can request the hearing in the following ways:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and navigate to the driver's license section. Look for information on ALR hearings and the online request form.
• Mail: Send a written request to the Texas DPS. Address your request to: Texas Department of Public Safety ALR Hearings P.O. Box 15999 Austin, TX 78761-5999 Be sure to include your full name, date of birth, driver's license number, and the date and location of your arrest. Clearly state that you are requesting an ALR hearing.
• Phone: Call the Texas DPS at the appropriate number. This method may not be as reliable as written requests, as it is difficult to prove you made the request. Follow up any phone call with a written confirmation sent via mail.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days of your DUI arrest, your license will be automatically suspended. There is very little recourse once this deadline passes. Act now to protect your ability to drive.

Automatic License Suspension

The Texas DPS can suspend your license administratively based on two primary scenarios: failing a breath or blood test, or refusing to take a breath or blood 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 for 90 days if it is your first offense. For subsequent offenses, the suspension period is significantly longer.

• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is valid until your ALR hearing or until the suspension period begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty in Texas. If you refused to provide a sample, your license will be suspended for 180 days for a first offense. Subsequent refusals result in even longer suspensions.

• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to breath or blood testing if requested by law enforcement. Refusal to comply with this implied consent can result in the administrative penalties described above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from the criminal DUI case. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, 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 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 "a preponderance of the evidence" that you were driving while intoxicated, not "beyond a reasonable doubt" as required in a criminal case.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any information that contradicts the police report.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine witnesses. Having legal representation significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including the legality of the traffic stop, the administration of the breath or blood test, and the accuracy of the testing equipment.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period (90 days for failing the test, 180 days for refusing).
• Suspension Overturned: If the DPS fails to meet its burden of proof, 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 occupational license (see below).

Hardship/Restricted License in Texas (Occupational License)

Even if your license is suspended, you may be able to obtain an occupational license, which allows you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential household duties. There is a waiting period before you can apply.
• What You Can Drive For: An occupational license typically restricts you to driving for work, school, and essential household needs.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying associated fees.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

The process for reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to pay 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.

Foard DMV Offices

Since Foard County has a very small population, there may not be a dedicated DPS office directly within the county. The nearest DPS offices are likely located in neighboring counties. Contact the Texas DPS directly to confirm the closest location and operating hours. You can search online at the Texas DPS website (www.dps.texas.gov) for the nearest driver's license office.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory ignition interlock device (IID) program for certain DUI offenders. An IID prevents a vehicle from starting if the driver's breath alcohol concentration exceeds a pre-set limit.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during a license suspension.

A DUI arrest in Foard County can have serious consequences for your driving privileges. Take action immediately to protect your rights. Request an ALR hearing within 15 days of your arrest and consult with a qualified Texas DUI attorney as soon as possible.