Hardin County License Hearing Guide

Hardin County DUI License Suspension & ALR Hearing

Being arrested for DUI in Hardin County, Texas, can trigger two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically how to challenge the suspension of your driver's license through an Administrative License Revocation (ALR) hearing. It's crucial to understand that the ALR process is entirely separate from your criminal DUI case. Even if your criminal charges are dismissed, your license can still be suspended through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Hardin County, you have only 15 days from the date of your arrest to request an ALR hearing with the Texas Department of Public Safety (DPS). This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing from the Texas DPS.

• How to Request:

• You can request the hearing online through the Texas DPS website.

• You can mail a written request to the address provided on your DIC-25 form (the temporary driving permit you received at the time of your arrest).

• Check the DPS website for the most up-to-date contact information and procedures.

• 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, and you will lose your opportunity to challenge the suspension administratively.

In cases involving a forensic blood draw (which constitutes the majority of "No Refusal" arrests in Hardin County), the chemical analysis frequently takes weeks or months to return from the DPS crime laboratory. Defendants are advised not to submit an ALR hearing request for blood failure cases under Texas Transportation Code Chapter 524 until the actual notice of suspension is officially received from DPS. Premature filing can result in administrative rejection.

Automatic License Suspension

Texas law mandates automatic license suspensions under certain circumstances following a DUI 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, the Texas DPS will attempt to suspend your license.

• BAC Over 0.08: Under Texas law, a BAC of 0.08 or higher results in an automatic license suspension. The length of the suspension depends on your driving history.
• Temporary Permit: The DIC-25 form you received at the time of your arrest serves as a temporary driving permit. This permit 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

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. Refusing to submit to a test carries more severe penalties than failing a test.

• Refusal Suspension: Under Texas law, refusing a breath or blood test results in an administrative license suspension. The suspension is longer for a refusal than for failing a test.
• Implied Consent Law: Texas Transportation Code Chapter 724 outlines the state's implied consent laws.

The ALR/Administrative Hearing

The ALR hearing is an administrative proceeding, separate from the criminal case, where the Texas DPS attempts to prove that your license suspension is warranted.

What It Is

• Separate From Criminal Court: The ALR hearing is a civil matter handled by the State Office of Administrative Hearings (SOAH), not the criminal court.
• Purpose: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• Lower Burden of Proof: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or expert testimony challenging the accuracy of the breath or blood test.
• Understand What You Can Challenge: You can challenge various 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 judge rules in favor of the DPS, your license suspension will be upheld.
• Suspension Overturned: If the judge rules in your favor, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

A hardship or restricted license allows you to drive for essential purposes, such as work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: To be eligible for a restricted license, you must meet certain requirements, including:
• Having a valid Texas driver's license at the time of your arrest.
• Having no prior DUI convictions within the past five years.
• Installing an Ignition Interlock Device (IID) on your vehicle, in some cases.
• What You Can Drive For: A restricted license typically allows you to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: The application process involves submitting an application to the Texas DPS and paying a reinstatement fee.
• IID Requirement: In some cases, the court may require you to install an IID on your vehicle as a condition of receiving a restricted license. Hardin County is serviced by several certified IID installation centers, primarily dominated by the national Intoxalock and Smart Start networks:

Provider | Address | Phone | Notes Intoxalock (at 57 Xpress) | 134 S Lhs Drive, Lumberton, TX 77657 | (409) 288-4473 | Integrated with local auto service center. Intoxalock | 1460 South Pine St., Kountze, TX 77625 | (409) 291-5575 | Closed weekends; opens 8:30 AM weekdays. Johnny's Interlock (Smart Start) | 565 South 8th Street, Silsbee, TX 77656 | (866) 610-6781 | Opens 9:00 AM weekdays.

Getting Your License Back

After your criminal case concludes and your suspension period ends, you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance.
• Completing any required DWI education programs or treatment programs.
• Fees: The reinstatement fee varies, so contact the Texas DPS for the current amount.
• SR-22 Insurance Requirement: You will likely be required to maintain SR-22 insurance for a period of time following your suspension.
• Classes/Programs: Completing a state-certified 12-hour DWI Education Program is mandated for all individuals convicted of a first-time DWI offense. In the Hardin County region, the Alcohol & Drug Abuse Council (ADAC) is a primary provider of these state-certified 12-hour programs. The standard fee for the 12-hour course is $85.00. This fee must be paid exclusively via cashier's check or money order. The 12-hour curriculum is typically bifurcated into either three 4-hour night sessions (running Tuesday, Wednesday, and Thursday) or weekend intensive blocks (Saturday, Sunday, and the following Saturday). Participants are legally required to attend all three scheduled days in exact consecutive order. Missing a single session, regardless of the excuse, results in immediate failure, forfeiture of the $85 fee, and the requirement to restart the entire program.

Hardin County DMV Offices

Find your local tax office and DPS information at the Texas DMV Website. Contact the Hardin County website for more information.

Special Programs

• Ignition Interlock Device Program: Texas law mandates the installation of an IID for all subsequent DWI offenses, or for first offenses where the blood alcohol concentration exceeded 0.15.
• Occupational License: May be available through the court system.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Hardin County? A: You have only 15 days from the date of your DUI arrest to request an ALR hearing.

Q: What happens if I refuse a breath or blood test in Hardin County? A: Refusing a breath or blood test will result in an automatic license suspension that is longer than the suspension for failing a test.