Franklin County License Hearing Guide

Franklin DUI License Suspension & ALR Hearing

A DUI arrest in Franklin, Texas, can trigger two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative side, specifically how to protect your driving privileges after a DUI arrest. Time is of the essence! Understanding the process and acting quickly is crucial. Your driver's license is on the line.

Your License After a DUI Arrest in Franklin

Following a DUI arrest, the state of Texas initiates an administrative process to determine whether your driver's license should be suspended. This process is entirely separate from the criminal charges you face in court. Even if your criminal case is ultimately dismissed, your license can still be suspended through this administrative process. This process is managed by the Texas Department of Public Safety (DPS). Because Franklin is a smaller community, it's vital to understand the procedures and deadlines involved to ensure you protect your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most important thing you need to know right now is that 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: The request must be submitted to the Texas Department of Public Safety (DPS).

• How to Request: You have several options for requesting an ALR hearing:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request"). This is often the fastest and most efficient method.

• Phone: Contact the DPS Driver License Division. Be prepared to provide information about your arrest. The number for general inquiries is available on the DPS website.

• Mail: Send a written request to the address specified on the temporary driving permit you received at the time of your arrest or find the appropriate address on the DPS website. Certified mail with return receipt requested is highly recommended to prove you sent the request on time.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so don't delay! Missing this deadline can have significant consequences for your ability to get to work, school, or take care of essential errands.

Automatic License Suspension

The grounds for automatic license suspension following a DUI arrest depend on whether you submitted to a breath or blood test and the results.

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. The suspension period depends on your driving record.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is typically valid for 40 days. This allows you to drive until your ALR hearing or until the suspension officially begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Texas, a refusal typically results in a longer license suspension period.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can lead to license suspension, even if the criminal charges are later dropped.

The ALR/Administrative Hearing

The ALR hearing is a critical step in fighting the suspension of your driver's license.

What It Is

• Separate from Criminal Court: Remember, this is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not automatically determine 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 had sufficient legal grounds to suspend your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that you were driving while intoxicated. This is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case. This might include:
• Witness statements
• Video footage (e.g., from dashcams or surveillance cameras)
• Medical records
• Consider Hiring a DUI Attorney: A DUI attorney familiar with Franklin County and Texas DUI laws can be invaluable. They can represent you at the hearing, cross-examine witnesses, and present legal arguments on your behalf. Because Franklin is a smaller area, a local attorney will understand the specifics of the local law enforcement and judicial system.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you
• Whether the officer properly administered the breath or blood test
• Whether the breath or blood test results are accurate and reliable

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended. The length of the suspension will depend on the circumstances of your case and your prior driving record.
• Suspension Overturned: If you successfully challenge the DPS's case, your license will not be suspended, and you can continue driving.
• 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

A hardship license, also known as an occupational license, allows you to drive for essential needs while your license is suspended.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:
• Having a valid driver's license at the time of the arrest (or a license that was not already suspended for other reasons).
• Demonstrating a need to drive for work, school, or essential household duties.
• What You Can Drive For: An occupational license typically restricts you to driving only for:
• Work
• School
• Essential medical appointments
• Basic household necessities
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, providing supporting documentation, and paying court fees.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license, especially if you have prior DUI convictions.

Getting Your License Back

Once your suspension period is over and your criminal case concludes (regardless of the outcome), you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required alcohol education or treatment programs.
• Satisfy any other requirements imposed by the court in your criminal case.
• Fees: Reinstatement fees vary, so check the Texas DPS website for current fee schedules.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education classes or treatment programs as part of your criminal sentence. Completing these programs is often a requirement for license reinstatement.

Franklin DMV Offices

Because Franklin is a smaller community, there may not be a dedicated DPS office directly within the town. You may need to visit a neighboring city. Contact the Texas DPS for the nearest location and hours.

Special Programs

• Ignition Interlock Device Program: Texas has a program that allows individuals convicted of DUI to install an IID in their vehicle in exchange for the ability to drive.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during a license suspension.

This guide provides general information about DUI license suspensions and ALR hearings in Franklin, Texas. It is not a substitute for legal advice from a qualified attorney. Contact a DUI lawyer immediately to discuss your specific case and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical!