Grayson County License Hearing Guide

Grayson DUI License Suspension & ALR Hearing

Getting arrested for a DUI (Driving Under the Influence) in Grayson, Texas, can be a frightening and confusing experience. Beyond the criminal charges you face, your driver's license is also at risk. This guide is designed to provide immediate, practical information about the administrative process related to your license suspension and the steps you need to take to protect your driving privileges. It's crucial to understand that the administrative process, handled by the Texas Department of Public Safety (DPS) through an Administrative License Revocation (ALR) hearing, is entirely separate from your criminal case in Grayson County court. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is arguably the most important thing you need to do right now. Missing this deadline means your license will automatically be suspended. Don't delay!

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

How to Request: You can request a hearing online, by phone, or by mail. We strongly recommend sending your request by certified mail with return receipt requested to ensure proof of timely submission.

• Online: Visit the Texas DPS website and search for "ALR Hearing Request." Follow the online instructions to submit your request.
• Phone: Call the Texas DPS at the number listed on your DIC-24 form (the temporary driving permit you received at the time of your arrest). Be prepared to provide your driver's license number and other identifying information.
• Mail: Send a written request to the address listed on your DIC-24 form. The request should include your full name, date of birth, driver's license number, date of arrest, and a clear statement requesting an ALR hearing.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended, and you will lose the opportunity to challenge the suspension administratively. This makes requesting a hearing within the timeframe paramount.

Automatic License Suspension

Even if you request an ALR hearing, your license will still be temporarily suspended pending the outcome of the hearing. The length of the suspension depends on whether you took a breath or blood test and, if so, the results, or whether you refused to take a 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 upon the effective date of the suspension (usually 40 days after the arrest).
• Temporary Permit Valid Until Hearing or Suspension Begins: The DIC-24 form you received at the time of your arrest serves as a temporary driving permit. This permit is generally valid for 40 days from the date of your arrest. It remains valid until your ALR hearing date (if you requested one) or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. In Texas, a first-time refusal results in a license suspension of 180 days.
• Implied Consent Law in Texas: Texas operates under an "implied consent" law. This means that by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to a test can result in administrative penalties, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. Understanding what it is, how to prepare, and the possible outcomes is vital.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case in Grayson County court.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that they had grounds to suspend your license. This is a lower standard than "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): If you have any evidence that could support your case (e.g., witness statements, video footage, medical records), gather it and bring it to the hearing.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly increase your chances of a favorable outcome. They understand the legal complexities and can effectively present your case.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding breath or blood testing.
• The accuracy and reliability of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient legal grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient legal grounds, 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 hardship license, allowing you to drive under certain conditions.

Hardship/Restricted License in Texas

Even with a suspended license, you might qualify for an Occupational Driver's License (ODL), also known as a hardship license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an ODL in Texas, you generally need to demonstrate that you need to drive for essential purposes such as:
• Work
• School
• Medical Appointments
• What You Can Drive For (Work, School, Medical): An ODL will specify the times and locations you are permitted to drive.
• Costs and Application Process: You'll need to file a petition with the court and provide supporting documentation. There are court costs associated with this process. Consulting with an attorney is highly recommended.
• IID Requirement: Depending on the circumstances of your DUI, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

After your suspension period is over and your criminal case concludes (whether through dismissal, plea bargain, or trial), you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of financial responsibility (SR-22 insurance).
• Completing any required alcohol education programs or community service.
• Fees: The reinstatement fee varies, so contact the Texas DPS for the current amount.
• SR-22 Insurance Requirement: You will likely need to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the DPS by your insurance company.
• Classes/Programs that Must be Completed: Depending on the specifics of your case and the court's orders, you may be required to complete a DWI education program or other alcohol-related courses.

Grayson DMV Offices

While Grayson County itself doesn't have a dedicated DPS office, here are some nearby locations you can use for reinstatement or other DPS matters. Always call to confirm hours before visiting.

(Note: As there is no courthouse or impound lot data available yet, this section contains placeholder information that needs to be updated with actual Grayson County information when available).

• Sherman DPS Office (Placeholder - Verify Address & Hours) Address: 123 Main Street, Sherman, TX Hours: Monday-Friday, 8:00 AM - 5:00 PM

• Denison DPS Office (Placeholder - Verify Address & Hours) Address: 456 Oak Avenue, Denison, TX Hours: Tuesday-Saturday, 9:00 AM - 6:00 PM

IMPORTANT: It's always best to check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on office locations, hours, and services offered.

Special Programs

• Ignition Interlock Device Program: Texas has an Ignition Interlock Device (IID) program that may be required as part of your license reinstatement or as a condition of obtaining an ODL. An IID is a device installed in your vehicle that requires you to blow into it to test your BAC before starting the engine.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes while your license is suspended.
• Any state-specific programs: The Texas DPS website will have the most up-to-date information on any state-specific programs related to DUI offenses.

This guide provides a general overview of the license suspension process following a DUI arrest in Grayson, Texas. It is not a substitute for legal advice. Due to the complexity of DUI laws and the potential consequences, it is strongly recommended that you consult with an experienced Grayson County DUI attorney as soon as possible to discuss your case and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical!