Freestone County License Hearing Guide

Freestone DUI License Suspension & ALR Hearing

You've just been arrested for DUI in Freestone, Texas. It's a stressful time, and understanding what happens next is crucial, especially concerning your driver's license. This guide provides immediate, practical information about your license suspension and the Administrative License Revocation (ALR) hearing process in Freestone County. Remember, time is of the essence.

The Texas legal system treats a DUI arrest in two separate ways: a criminal case in court and an administrative process handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative process, specifically how to potentially save your driver's license. Your criminal case is separate and requires its own legal strategy.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Freestone County, the Texas DPS will attempt to suspend your driver's license. However, you have the right to challenge this suspension at an ALR hearing. You MUST request this hearing within 15 days of your arrest. Missing this deadline results in an automatic suspension of your license.

Where to Request: 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 (search for "ALR Hearing Request Texas DPS"). You will need information from your Notice of Suspension or Temporary Driving Permit.
• Phone: Call the Texas DPS Driver License Division. The number will be on your temporary driving permit, or you can find it on the DPS website. Be prepared to provide details about your arrest.
• Mail: Send a written request to the address listed on your temporary driving permit or found on the DPS website. Your request MUST include:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• A clear statement requesting an ALR hearing regarding your DUI arrest

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license is still subject to suspension if you failed or refused 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's your first offense.
• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit issued at the time of your arrest is typically valid for 40 days. It allows you to drive until your ALR hearing or until the suspension period begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty in Texas. Your license will be suspended for 180 days for a first offense refusal.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your implied consent to submit to a breath or blood test if lawfully arrested for DUI. Refusal has significant consequences.

The ALR/Administrative Hearing

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

What It Is

• Separate From Criminal Court: The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decide If License Suspension Is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Preparing for the ALR hearing is vital.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam video footage
• Medical records
• Photos of the scene
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings in Freestone County can significantly improve your chances of a favorable outcome. They understand the law, the procedures, and the arguments that are most likely to succeed.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the officer had reasonable suspicion to believe you were intoxicated.
• Whether the breath or blood test was administered properly.
• The accuracy of the breath or blood test results.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: The DPS presents sufficient evidence, and your license suspension is upheld.
• Suspension Overturned: You successfully challenge the DPS's evidence, and your license suspension is overturned. You can continue driving without interruption.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license (also known as a hardship license) in Texas.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You typically need to show that your livelihood depends on your ability to drive.
• What You Can Drive For: An occupational license typically restricts you to driving for work, school, essential household duties, and medical appointments.
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are court costs and fees associated with obtaining an occupational license.
• IID Requirement: In some cases, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of the occupational license.

Getting Your License Back

After your license suspension period ends, or after completing the requirements of an occupational license, you will need 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: 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 specific period.
• 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 community service.

Freestone DMV Offices

Unfortunately, Freestone County is a Tier 3 county, meaning it has a smaller population. Contact the nearest DPS office for assistance with license reinstatement and other driver-related matters. Search online for "Texas DPS office near Freestone County" to find the closest location and their hours of operation. Be sure to call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive with a device that prevents the vehicle from starting if alcohol is detected on their breath.
• Occupational License: As discussed above, this allows limited driving privileges for essential purposes.

This guide provides a general overview of the license suspension and ALR hearing process after a DUI arrest in Freestone County, Texas. It is not a substitute for legal advice. Consult with a qualified DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence, especially regarding the 15-day deadline to request an ALR hearing!