Garza County License Hearing Guide

Garza DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Garza, Texas, can be a frightening and confusing experience. Besides the criminal charges you're facing, your driver's license is also at risk. It's crucial to understand that there are two separate processes at play: the criminal case and an administrative process related to your driver's license. This guide focuses on the administrative side – specifically, your license suspension and the Administrative License Revocation (ALR) hearing. This is time-sensitive, so read carefully and act quickly!

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

After a DUI arrest in Garza County, the Texas Department of Public Safety (DPS) will likely attempt to suspend your driver's license. You have only 15 days from the date of your arrest to request an ALR hearing to challenge this suspension. This deadline is non-negotiable. Miss it, and your license will automatically be suspended.

Where to Request an ALR Hearing:

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

How to Request an ALR Hearing:

You can request an ALR hearing in Texas online, by phone, or by mail.

• Online: Visit the Texas DPS website and navigate to the ALR hearing request section. Look for a form you can submit electronically.
• Phone: Call the Texas DPS Driver License Division. You can find the specific number for ALR hearings on the DPS website or by searching online. Have your driver's license and arrest information ready.
• Mail: Send a written request to the Texas DPS office responsible for ALR hearings. The address should be available on the DPS website. Your request must include:
• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• The date of your arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. The suspension period will depend on whether you took a breath or blood test and, if so, what the results were. Don't let this happen! Start the request process immediately.

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 reasons for this suspension depend on the circumstances of your arrest.

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 0.08 or higher, your license will be suspended. The suspension period for a first-time offense is typically 90 days to 1 year.

You likely received a temporary driving permit at the time of your arrest. This temporary permit is valid until either your ALR hearing date, or until the date the suspension officially begins if you didn't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

Texas, like most states, has an "implied consent" law. This means that by driving on Texas roads, you've implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take the test carries a significant penalty.

If you refused to take a breath or blood test, your license will be suspended for a longer period, typically 180 days to 2 years for a first refusal. This is significantly longer than the suspension for failing the test.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. Understand that this hearing is completely separate from your criminal DUI case.

What It Is

The ALR hearing is an administrative proceeding conducted by the Texas DPS. Its sole purpose is to determine whether or not the DPS has sufficient evidence to suspend your driver's license. The burden of proof is lower than in a criminal trial. The DPS only needs to show that it is more likely than not that you were driving while intoxicated.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone saw you before or after the arrest)
• Video footage (if available from dashcams or surveillance cameras)
• Medical records (if you have a condition that might affect your BAC)
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and present a strong defense on your behalf. While there are no guarantees, having an attorney significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge several 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 were accurate
• Whether you were actually driving while intoxicated

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: If the DPS presents sufficient evidence, the hearing officer will uphold the suspension of your driver's license.
• Suspension Overturned: If the DPS fails to present sufficient evidence, the hearing officer will overturn the suspension, 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 hardship license (discussed below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license in Texas, allowing you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must generally demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: An occupational license will specify the times and places you are allowed to drive. It will typically restrict you to driving for the purposes listed above.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are court fees associated with the application. A DUI lawyer can help you with this process.
• IID Requirement: In some cases, 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

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

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you'll typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of insurance (SR-22 insurance)
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You'll likely need to maintain SR-22 insurance for a period of time after your DUI conviction.
• Classes/Programs That Must Be Completed: Depending on the specifics of your DUI conviction, you may be required to complete an alcohol education program or perform community service.

Garza DMV/DPS Offices

Unfortunately, Garza County has a very small population and does not have a dedicated DPS office. You will need to travel to a neighboring county. Here are a few options (please verify hours before visiting):

• Lubbock DPS Driver License Office: 5725 Martin Luther King Jr Blvd, Lubbock, TX 79404. (Closest larger city with a dedicated DPS office)
• Scurry County DPS: 1700 37th Street, Snyder, TX 79549

Always call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, the Ignition Interlock Device (IID) program may be required for obtaining an occupational license or as a condition of probation after a DUI conviction.
• Occupational License: We've already discussed the occupational license in detail.
• Texas Specific Programs: The Texas DPS website has information about other programs that may be relevant to your situation.

A DUI arrest in Garza County can have serious consequences for your driving privileges. By understanding the ALR hearing process and acting quickly to protect your rights, you can increase your chances of keeping your license and minimizing the impact on your life. Remember to consult with a qualified Texas DUI attorney as soon as possible to get personalized advice and representation.