Hansford County License Hearing Guide

Hansford DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Hansford, Texas? Your driver's license is in immediate danger. This guide provides critical information about license suspension and the Administrative License Revocation (ALR) hearing process in Hansford County. It's crucial to act quickly – you have a limited time to protect your driving privileges.

Your License After a DUI Arrest in Hansford

A DUI arrest in Hansford triggers two separate legal processes: a criminal case and an administrative license suspension. The criminal case addresses the DUI charge itself in the Hansford County courts. The administrative process, handled by the Texas Department of Public Safety (DPS), determines whether your driver's license will be suspended. This guide focuses on the administrative process and how to fight the license suspension. Even if you believe you were not guilty of DUI, the DPS can still suspend your license independently of the criminal case. Understanding this distinction is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You only have 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline, and missing it means your license will be automatically suspended. Don't delay!

Where to Request: The ALR hearing request must be filed with the Texas Department of Public Safety (DPS).

How to Request: You can request the hearing through one of the following methods:

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request").
• Phone: Call the Texas DPS at the number provided on your temporary driving permit or arrest paperwork. Be prepared to provide your driver's license number and other identifying information.
• Mail: Send a written request to the address listed on your temporary driving permit or arrest paperwork. Important: Send it certified mail with return receipt requested to prove you submitted the request on time. The written request should include your name, driver's license number, date of birth, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest on [Date of Arrest] in Hansford County.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very limited exceptions to this rule, so it's crucial to act promptly.

Automatic License Suspension

The grounds for automatic license suspension after a Hansford DUI arrest depend on whether you submitted to breath or blood testing 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 length of the suspension will vary depending on whether this is your first DUI offense. Expect a suspension period of at least 90 days, potentially longer depending on the specific circumstances.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is generally valid until the ALR hearing is held or until the suspension period begins if you didn't request a hearing or lost the hearing. Check the expiration date on the permit carefully.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test in Texas carries a significantly harsher penalty than failing the test. Expect a license suspension of at least 180 days for a first-time refusal. This suspension can be even longer for subsequent offenses.
• 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 chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in the longer license suspension described above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the Texas DPS had sufficient legal grounds to suspend your driver's license.

• Separate From Criminal Court: Even if your criminal DUI case is dismissed or you are found not guilty, the DPS can still suspend your license based on the ALR hearing.
• Decide If License Suspension Is Warranted: The DPS must prove that (1) there was reasonable suspicion to stop you, (2) probable cause to believe you were driving while intoxicated, and (3) you either refused to take a breath or blood test or had a BAC of 0.08 or higher.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its 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 for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case. This could include witness statements, dashcam footage (if available), photos, or anything else that might challenge the DPS's evidence.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hansford County can represent you at the ALR hearing, cross-examine witnesses, and present legal arguments on your behalf. They understand the specific procedures and legal precedents that apply in Texas. While an attorney isn't required, it is highly recommended.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the validity of the breath or blood test results, and whether you were properly informed of your rights. A skilled attorney can help you identify the strongest points to challenge.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period based on whether you failed or refused testing.
• Suspension Overturned: If the DPS fails to prove its 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 that allows you to drive for essential purposes (see section below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), also known as a restricted or hardship license.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You must also meet certain other requirements, such as having no other valid driver's license and not having certain prior convictions.
• What You Can Drive For: An ODL typically restricts your driving to specific locations and times related to your essential needs. For example, you might be allowed to drive to and from work and to medical appointments.
• Costs and Application Process: The application process involves filing a lawsuit in the county court where you reside (Hansford County). You will need to provide documentation supporting your need to drive, pay court fees, and obtain SR-22 insurance.
• IID Requirement: Depending on the circumstances of your DUI arrest and prior record, you may be required 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 ends and your criminal case concludes, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance for a period of time, typically two to three years. SR-22 insurance is a certificate of financial responsibility that proves you have liability insurance coverage.
• 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 other court-ordered requirements before your license can be reinstated.

Hansford DMV Offices

Unfortunately, Hansford County is a Tier 3 county with no local DPS office. You may need to travel to a nearby county for certain DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest location and hours. You can also access many services online.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has a mandatory IID program for certain DUI offenders. If you are required to install an IID, you must have it installed and maintained in your vehicle for a specified period.
• Occupational License: As described above, an Occupational Driver's 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 Hansford County, Texas. It is not a substitute for legal advice from a qualified attorney. Contact a DUI attorney in Hansford or a surrounding county immediately to discuss your specific case and protect your driving privileges.