Gregg County License Hearing Guide

Gregg DUI License Suspension & ALR Hearing

Being arrested for a DUI in Gregg County, Texas, can be a frightening and confusing experience. One of the most immediate concerns is what will happen to your driver's license. This guide provides critical information about the administrative process related to your license suspension and the steps you need to take immediately to protect your driving privileges. It's important to understand that the administrative process (dealing with your driver's license) is separate from the criminal case against you. Even if your criminal case is dismissed, your license could still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Gregg County, you have a very limited window of opportunity to contest the potential suspension of your driver's license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a non-negotiable deadline. Missing it will result in an automatic 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 can request the hearing in the following ways:

• Online: Visit the Texas DPS website (https://www.dps.texas.gov/). Look for the "ALR Hearing Request" section, which may be under "Driver License Services" or "Administrative Services."
• Mail: Send a written request to the Texas Department of Public Safety at the address provided on the Notice of Suspension you received at the time of your arrest. It is crucial to send the request via certified mail with return receipt requested to prove you sent it on time.
• Phone: While it's generally not recommended, you may be able to initiate the request by phone. Call the Texas DPS at their designated ALR hearing number. Verify that a phone request is sufficient to meet the deadline and get confirmation. Follow up with written confirmation mailed via certified mail.

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. The suspension period will depend on whether you took a breath or blood test and failed, or if you refused to take a test. Don't let this happen! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license will be automatically suspended if the DPS determines certain conditions were met.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your breath or blood test result showed a Blood Alcohol Concentration (BAC) of 0.08 or higher, your license will be suspended for 90 days for a first offense.

• Temporary Permit: The temporary permit you received at the time of your arrest is valid until the date of your ALR hearing or until the suspension period 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 significantly harsher penalty. Your license will be suspended for 180 days for a first offense refusal.

• Implied Consent Law in Texas: Texas operates under implied consent laws. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to do so results in the penalties outlined above, regardless of your actual BAC.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to fight the suspension of your driver's license. Understanding its purpose and preparing effectively is critical.

What It Is

• Separate from Criminal Court: This is a crucial point. The ALR hearing is a civil proceeding conducted by the Texas DPS. The outcome of the ALR hearing does not directly impact your criminal DUI case, and vice versa. However, evidence and testimony presented at the ALR hearing can be used in your criminal case.

• Decides If License Suspension Is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient evidence to justify your arrest and the request for a breath or blood test.

• 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 the facts support the suspension. This is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include:

• Witness statements (from passengers or others who observed you).

• Video footage (from dashcams or security cameras).

• Medical records (if you have a condition that could affect your BAC).

• Photos of the scene of the arrest.

• Consider Hiring a DUI Attorney: A qualified DUI attorney in Gregg County understands the ALR process and can represent you at the hearing. They can subpoena witnesses, cross-examine the arresting officer, and present legal arguments on your behalf. This 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 reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you.

• Whether the breath or blood test was administered correctly.

• Whether the testing equipment was properly maintained.

• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld. You will then need to serve the suspension period.

• Suspension Overturned: If you successfully challenge the DPS's case, the suspension will be overturned, and your driving privileges will be restored immediately.

• 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 purposes during your suspension period.

• Eligibility Requirements: You must demonstrate a genuine need to drive for work, school, or essential household duties. You typically must wait a certain period (often 30 days) into your suspension before applying.

• What You Can Drive For: Typically, you can only drive for work, school, medical appointments, or essential household errands. The license will specify the times and locations you are allowed to drive.

• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, obtaining a court order, and then providing that order to the DPS. There are court costs and DPS fees associated with this process.

• IID Requirement: In many cases, obtaining an occupational license requires the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting the car to ensure you are not intoxicated.

Getting Your License Back

Once your suspension period is over and you've fulfilled all requirements, you can reinstate your driver's license.

After Criminal Case Concludes

The outcome of your criminal DUI case can affect the reinstatement process. Even if the ALR suspension was overturned, a conviction in your criminal case can result in a separate license suspension.

• Reinstatement Requirements: To reinstate your license, you will typically need to:

• Pay a reinstatement fee to the DPS.

• Provide proof of completion of any required alcohol education programs or community service.

• Fees: Reinstatement fees vary but are typically around $125.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have liability insurance. This is typically required for a period of two years.

• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete a DWI education program or a victim impact panel.

Gregg DMV Offices

Unfortunately, there are no dedicated DMV offices directly located within Gregg County. However, you can access DPS services at the following locations in nearby counties:

• Texas Department of Public Safety - Kilgore Driver License Office

• Address: 300 E North St, Kilgore, TX 75662 (approx. 15 miles from Longview)

• Hours: (Call for current hours as they may vary)

• Texas Department of Public Safety - Tyler Driver License Office

• Address: 3800 Paluxy Dr, Tyler, TX 75703 (approx. 45 miles from Longview)

• Hours: (Call for current hours as they may vary)

It is always best to call ahead to confirm hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory IID program for certain DUI offenders. As mentioned above, it is often required for occupational licenses.

• Occupational License: As described above, this allows restricted driving privileges during a suspension.

• DWI Education Program: This is a mandatory program for most DUI offenders in Texas. It involves attending classes and learning about the dangers of drunk driving.

Remember, time is of the essence. Requesting your ALR hearing within the 15-day deadline is crucial to protecting your driving privileges after a DUI arrest in Gregg County. Consult with a qualified Gregg County DUI attorney as soon as possible to understand your rights and options.