Hardin County License Hearing Guide

Hardin DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Hardin, Texas? Your driver's license is now in jeopardy, and you need to act fast. This guide provides the immediate, practical information you need to understand the license suspension process and your right to an Administrative License Revocation (ALR) hearing. Don't delay – time is of the essence!

Your License After a DUI Arrest in Hardin

After a DUI arrest in Hardin County, the legal process splits into two distinct paths: the criminal case and the administrative case. The criminal case deals with the DUI charges themselves. The administrative case, handled by the Texas Department of Public Safety (DPS), focuses solely on your driver's license and whether it should be suspended. This guide focuses on the administrative process and the ALR hearing. It's crucial to understand that even if you are found not guilty in the criminal case, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an ALR hearing. Missing this deadline automatically results in the suspension of your driver's license.

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

How to Request: You can request a hearing through several methods:

• Online: Visit the Texas DPS website. (Search for "Texas DPS ALR Hearing Request"). This is often the fastest and easiest method.
• Mail: Send a written request to the Texas DPS address specified on the DIC-24 form (Notice of Suspension) you received from the arresting officer. Certified mail with return receipt requested is highly recommended to prove you sent the request on time.
• Phone: Contact the Texas DPS at the phone number provided on the DIC-24 form. Confirm the correct mailing address if you plan to send a written request after speaking with them. Keep a record of the date, time, and person you spoke with.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. The suspension period depends on whether you took a breath/blood test and whether you failed or refused it.

Automatic License Suspension

Following a DUI arrest in Hardin County, your license is subject to automatic suspension, pending the outcome of the ALR hearing (or if you fail to request one).

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.

• The temporary driving permit you received at the time of your arrest is valid until the ALR hearing, or until 40 days after your arrest if no hearing is requested. After that, the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a significantly harsher penalty. In Texas, refusing a test results in a license suspension of 180 days.

• Implied Consent Law in Texas: By driving on Texas roads, you've implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusing the test carries severe consequences.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: It's crucial to remember that the ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of the criminal case, and vice versa.
• Decide if License Suspension is Warranted: The administrative law judge will determine whether sufficient evidence exists to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to show "preponderance of the evidence" (more likely than not) that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

Proper preparation is vital to increasing your chances of a favorable outcome.

• Gather Evidence: Collect any evidence that supports your case. This could include:
• Witness Statements: Statements from passengers or other witnesses who can testify to your sobriety.
• Video Evidence: If available, any video footage that might contradict the police officer's observations.
• Medical Records: If you have a medical condition that could affect your performance on field sobriety tests, obtain relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Hardin County can guide you through the ALR process, gather evidence, and represent you at the hearing. They understand the law and can effectively argue your case.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest, including:
• The legality of the traffic stop: Did the officer have a valid reason to pull you over?
• The administration of field sobriety tests: Were the tests administered correctly? Were you properly instructed?
• The accuracy of the breath/blood test: Was the testing equipment properly calibrated and maintained? Was the test administered correctly?
• Probable cause for arrest: Did the officer have sufficient evidence to believe you were intoxicated?

Possible Outcomes

• Suspension Upheld: The judge rules that the DPS has presented sufficient evidence to justify the suspension.
• Suspension Overturned: The judge rules that the DPS has not presented sufficient evidence, and your license is not suspended.
• Restricted/Hardship License Granted: While not a complete win, the judge may grant you a restricted or hardship license, allowing you to drive under certain circumstances.

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 prove that the suspension is causing undue hardship and that you need to drive for essential purposes. This typically includes driving to and from work, school, or medical appointments.
• What You Can Drive For: An occupational license typically restricts you to driving for work, school, or essential medical appointments.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying associated fees. Your DUI attorney can assist you with this process.
• IID Requirement: Depending on the circumstances of your DUI arrest and your criminal history, 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

Successfully navigating the DUI process and regaining your driving privileges requires careful attention to detail.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends (whether due to the ALR hearing or the criminal case), you must meet certain requirements to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility proving you have liability insurance. This requirement typically lasts for several years.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes.

Hardin DMV Offices

Unfortunately, Hardin County does not have a dedicated DPS office. Residents typically need to travel to neighboring counties for services. Check the Texas DPS website for the nearest locations and hours of operation.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with suspended licenses to drive with an IID installed in their vehicle. The device requires the driver to provide a breath sample before starting the engine, preventing operation if alcohol is detected.
• Occupational License: As described above, this license allows driving for essential purposes during a suspension.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. You should consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Time is of the essence – contact an attorney today!