Henderson County License Hearing Guide

Henderson DUI License Suspension & ALR Hearing: A Guide to Protecting Your Driving Privileges

A DUI arrest in Henderson, Texas, can be a frightening and confusing experience. While you're dealing with the criminal charges, it's crucial to understand that there's a separate process that can impact your driving privileges: the Administrative License Revocation (ALR) process. This process is completely independent of your criminal case. Understanding this distinction is the first step in protecting your ability to drive. This guide will provide you with the information you need to navigate the ALR process and potentially save your license.

CRITICAL DEADLINE: Request a 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 ALR hearing. This deadline is strictly enforced. Missing it will result in an automatic suspension of your driver's license.

Where to Request: The request must be made to the Texas Department of Public Safety (DPS).

How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request").
• Phone: Call the DPS Driver License Division at .
• Mail: Send a written request to:

Your written request should include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing. It's highly recommended to send your request via certified mail with return receipt requested to ensure proof of timely submission.

What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended, and you will lose your opportunity to challenge the suspension. This means you will be without a valid driver's license for the suspension period determined by the DPS. Don't delay; act now!

Automatic License Suspension

The Texas DPS can automatically suspend your driver's license following a DUI arrest, regardless of the outcome of your criminal case. The grounds for suspension depend on whether you submitted to chemical testing (breath or blood) and the results, or whether you refused testing.

If You Took the Breath/Blood Test and Failed

If you took a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, the DPS will attempt to suspend your license.

• BAC over 0.08: Your license will be suspended for .
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until either your ALR hearing takes place, or if you don't request a hearing, until the suspension period begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. This is due to Texas's implied consent law.

• Refusal Penalty: The suspension period for refusing a breath or blood test is , which is typically longer than the suspension for failing the test.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries legal consequences, as described above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative process conducted by the Texas DPS, completely separate from the criminal DUI case in Henderson County court. The outcome of the ALR hearing does not directly impact the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• 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 suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that might challenge the DPS's claims.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can effectively present your case, and can cross-examine witnesses. They can also advise you on the best course of action based on the specifics of your case.

• 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 you were lawfully arrested.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the breath or blood test was properly administered and the results are accurate.

• Whether you refused to submit to testing.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The DPS proves their case, and your license suspension remains in effect.
• Suspension Overturned: You successfully challenge the DPS's case, and your license suspension is lifted.
• 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 below for more details on hardship licenses in Texas).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain an occupational license (also known as a hardship license) that allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you typically need to demonstrate that you need to drive for work, school, or essential medical appointments. You must also prove that you have no other reasonable means of transportation.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as traveling to and from work, school, or medical appointments.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the county court, obtaining a court order, and then providing the court order to the DPS. There are court costs and fees associated with the application process.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Once your suspension period is over and your criminal case has concluded, you will need to take specific steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the DPS.
• Fees: .
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs that Must Be Completed: You may also be required to complete a DUI education course or other court-ordered programs.

Henderson DMV/DPS Offices

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Example:

Texas Department of Public Safety – Henderson Driver License Office 123 Main Street Henderson, TX 75652 Phone: (903) XXX-XXXX Hours: Mon-Fri 8:00 AM - 5:00 PM

Special Programs

• Ignition Interlock Device (IID) Program: Texas has an IID program that allows certain offenders to regain driving privileges sooner by installing an IID in their vehicle.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes even while your license is suspended.
• [Research and Include Any Other State-Specific Programs Related to DUI Offenders in Texas Here]

A DUI arrest in Henderson, Texas, can have serious consequences for your driving privileges. By understanding the ALR process and taking prompt action, you can maximize your chances of protecting your license. Remember to request an ALR hearing within 15 days of your arrest. Consulting with a qualified DUI attorney can provide you with the legal guidance and representation you need to navigate this complex process.