Haskell County License Hearing Guide

Haskell DUI License Suspension & ALR Hearing

A DUI arrest in Haskell, Texas, can be a frightening experience. Beyond the criminal charges, you're facing the potential loss of your driver's license. It's crucial to understand that Texas has two separate processes: a criminal court case dealing with the DUI charge itself, and an administrative process handled by the Texas Department of Public Safety (DPS) concerning your driving privileges. This guide focuses on the administrative side, specifically how to fight your license suspension through the Administrative License Revocation (ALR) hearing process. Act quickly – time is of the essence!

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 DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to contest the suspension of your driver's license. Missing this deadline means your license will automatically be suspended, with no opportunity to challenge it.

Where to Request: You must request the hearing from the Texas Department of Public Safety (DPS).

How to Request: You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and navigate to the ALR hearing request section. Look for keywords like "ALR hearing request," "DUI license suspension hearing," or "request driver license hearing after DUI." Follow the online instructions carefully.

• Phone: Contact the Texas DPS directly. The number to call can usually be found on the DPS website or on the temporary driving permit you received after your arrest. Be prepared to provide your driver's license number, date of birth, and other identifying information.

• Mail: Send a written request for an ALR hearing to the address specified on your temporary driving permit or on the DPS website. Your request should include:

• Your full name

• Your driver's license number

• Your date of birth

• The date of your arrest

• A clear statement that you are requesting an ALR hearing.

• Your current mailing address

Important: Regardless of how you choose to request the hearing, keep a record of your request. If you request by mail, send it certified mail with return receipt requested. If you request online, print a copy of the confirmation page. If you request by phone, note the date, time, and name of the person you spoke with. This proof is crucial if there's any dispute about whether you requested the hearing on time.

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 few exceptions to this rule. Don't delay!

Automatic License Suspension

Even if you request a hearing, an automatic license suspension may still be triggered depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended if the ALR hearing doesn't rule in your favor.

• BAC over 0.08: The suspension period is typically 90 days for a first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is usually valid for 40 days. This permit remains valid until the outcome of your ALR hearing, or until the suspension period officially begins if you don't request a hearing or if the hearing upholds the suspension.

If You Refused Testing

Refusing to take a breath or blood test carries a significantly harsher penalty in Texas.

• Refusal Penalty: If you refused to submit to testing, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas operates under an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a police officer. Refusal to do so can result in the automatic suspension, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

Understanding the ALR hearing is vital to protecting your driving privileges.

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the Texas Department of Public Safety (DPS) to determine whether sufficient evidence exists to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact the criminal DUI case, and vice versa. You can win the ALR hearing and still be convicted of DUI in criminal court, or vice versa.
• Decide if License Suspension is Warranted: The purpose of the hearing is solely to determine if your license should be suspended based on the circumstances of your arrest.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it is more likely than not that you were driving under the influence. This is a lower standard than the "beyond a reasonable doubt" standard required for a criminal conviction.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements from passengers or others who observed you before the arrest.
• Video footage (e.g., dashcam, security camera) that might contradict the police officer's account.
• Medical records that could explain a high BAC reading (if you took a breath/blood test).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can provide invaluable assistance. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can effectively argue on your behalf. While it adds to the expense, it may be less than the cost of being unable to drive for months.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the police officer had probable cause to stop you.
• Whether the breath/blood test was administered correctly.
• Whether the BAC results were accurate and reliable.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DPS did not meet its burden of proof, and your license suspension is overturned. You retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under certain conditions (e.g., for work, school, or medical appointments). This is less common in the initial ALR hearing.

Hardship/Restricted License in Texas

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 demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You typically must wait a certain period of the suspension before applying.
• What You Can Drive For: An occupational license restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are court costs and attorney fees associated with obtaining an occupational license.
• IID Requirement: Depending on the circumstances of your DUI arrest, 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

Even if suspended you can get your license back after the suspension period is over.

After Criminal Case Concludes

The reinstatement requirements for your driver's license may depend on the outcome of your criminal DUI case.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the Texas DPS.
• Fees: Check the Texas DPS website for the current reinstatement fee amount.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes as part of your criminal sentence.

Haskell DMV Offices

Unfortunately, Haskell is a small town with no local DPS office. The closest DPS offices are:

(You will need to research and add the nearest DPS offices to Haskell, TX with addresses and hours of operation. This information can be found on the Texas DPS website.)

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory IID program for certain DUI offenders.
• Occupational License: As described above, this allows limited driving privileges during a suspension.
• DUI Education Program: A required program for most DUI offenders.

This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Haskell, Texas, it is strongly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and your driving privileges. Time is of the essence, so act now!