Hill County License Hearing Guide

Hill DUI License Suspension & ALR Hearing

(Updated: October 26, 2023)

If you've just been arrested for driving under the influence (DUI) in Hill, Texas, you're likely feeling confused and worried. One of the most immediate concerns is what happens to your driver's license. This guide is designed to provide you with the information you need right now to understand the license suspension process and how to fight for your driving privileges.

It's crucial to understand that the process regarding your driver's license is separate from the criminal case against you. The criminal case will determine your guilt or innocence and potential jail time, fines, and other penalties. The driver's license suspension is an administrative matter, handled by the Texas Department of Public Safety (DPS), through what's called an Administrative License Revocation (ALR) hearing. This means your license can be suspended even if you are ultimately found not guilty in criminal court.

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 means your license will automatically be suspended. No exceptions.

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

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

• Online: The DPS website may offer an online portal for requesting ALR hearings. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information and forms. Search for "ALR Hearing Request."
• Phone: You can call the DPS to request a hearing. The number to call is typically listed on the DIC-24 form (Temporary Driving Permit) you received at the time of your arrest. If you can't find it, search the Texas DPS website for the ALR hearing contact number. Be prepared to provide your driver's license number, date of birth, and other identifying information. Important: Keep a record of the date and time you called, as well as the name of the person you spoke with.
• Mail: You can send a written request for a hearing to the address specified on the DIC-24 form or on the Texas DPS website. Your request should include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The reason you are requesting the hearing (to contest the suspension of your driver's license)
• Your current mailing address
• Your signature

Send your request via certified mail with return receipt requested. This provides proof that the DPS received your request within the 15-day deadline.

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 automatically be suspended. You will receive a notice from the DPS informing you of the suspension and its effective date. Once suspended, you will not be able to legally drive until the suspension period ends and you meet the reinstatement requirements.

Automatic License Suspension

Your license suspension is triggered by one of two events: failing a breath or blood test, or refusing to submit to testing.

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 for a first offense.

• Temporary Permit Valid Until Hearing or Suspension Begins: The DIC-24 form you received at the time of your arrest serves as a temporary driving permit. This permit is typically valid for 40 days. However, its validity is contingent on you requesting an ALR hearing within the 15-day deadline. If you request a hearing, the temporary permit remains valid until the hearing date. If you lose the hearing, the suspension begins immediately. If you don't request a hearing, the suspension begins after the 40-day temporary permit expires.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. For a first-time refusal, your license will be suspended for 180 days.

• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This law states that by operating a motor vehicle on Texas roads, you have implicitly consented to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusal to submit to testing can result in the immediate suspension of your driver's license, even if you are ultimately acquitted of the DUI charge.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. Its sole purpose is to determine whether the DPS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing has no direct bearing on your criminal case, and vice versa. You can win your ALR hearing and still be convicted of DUI in criminal court, or you can lose your ALR hearing and be acquitted of the criminal charge.

• Decide if License Suspension is Warranted: The DPS must prove that:

• You were lawfully arrested for DUI.

• There was reasonable suspicion to stop you.

• There was probable cause to believe you were driving while intoxicated.

• You either had a BAC of 0.08 or higher, or you refused to submit to a breath or blood test.

• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove these elements by a "preponderance of the evidence," meaning it's more likely than not that they are true. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is critical. Here's what you should do:

• Gather Evidence: Collect any evidence that supports your case, such as:

• Witness statements: If anyone saw you before your arrest and can testify that you didn't appear intoxicated, get a written statement from them.

• Video footage: If there's dashcam footage from the police car or surveillance video from a nearby business that shows your driving or behavior, try to obtain it.

• Medical records: If you have any medical conditions or take medications that could have affected your performance on field sobriety tests, gather relevant medical records.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can:

• Represent you at the hearing.

• Cross-examine witnesses.

• Present evidence on your behalf.

• Argue legal points to challenge the suspension.

• Navigate the complex legal procedures.

• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:

• The legality of the initial stop.

• Whether the officer had probable cause to arrest you.

• The accuracy of the breath or blood test results.

• Whether you were properly informed of your rights regarding testing.

Possible Outcomes

The hearing officer will consider the evidence presented and issue a decision. Possible outcomes include:

• Suspension Upheld: The hearing officer finds that the DPS has met its burden of proof, and your license suspension is upheld.
• Suspension Overturned: The hearing officer finds that the DPS has not met its burden of proof, and your license suspension is overturned. You can continue driving with your regular license.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant you a restricted or hardship license, allowing you to drive under certain conditions (e.g., to and from work, school, or medical appointments). (See more on this below).

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), which may be available to you if your license is suspended. This allows you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible for an ODL, including:

• You must have been a Texas resident at the time of the offense.

• You must not have had your license suspended, revoked, or denied in the past five years for certain offenses.

• You must not have certain disqualifying convictions (e.g., intoxication manslaughter).

• What You Can Drive For: An ODL typically allows you to drive for:

• Work

• School

• Essential household duties

• Medical appointments

The ODL will specify the times and locations where you are permitted to drive.

• Costs and Application Process: You must apply for an ODL through the court in the county where you reside or where the offense occurred (Hill County). The application process involves:

• Filing a petition with the court.

• Providing proof of financial responsibility (SR-22 insurance).

• Paying court fees.

• Attending a hearing.

• IID Requirement: In many cases, the court will require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Even if you lose the ALR hearing or don't request one, your license suspension is not permanent. You can reinstate your license after the suspension period ends.

After Criminal Case Concludes

Your criminal case outcome will determine further requirements.

• Reinstatement Requirements: To reinstate your license after a DUI suspension in Texas, you will typically need to:

• Pay a reinstatement fee to the DPS.

• Provide proof of financial responsibility (SR-22 insurance) for two years.

• Complete any required alcohol education or treatment programs.

• Install an ignition interlock device (IID) if ordered by the court.

• Fees: Reinstatement fees vary but are typically around $125.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the DPS. It proves that you have the minimum required liability insurance coverage.

• Classes/Programs That Must Be Completed: The court may order you to complete an alcohol education program (e.g., DWI Education Program) or an alcohol treatment program as a condition of probation or license reinstatement.

Hill DMV Offices

Unfortunately, there are no DMV/DPS offices located directly within Hill, Texas, due to its lack of population. Residents generally utilize the DPS offices in neighboring counties. Please consult the Texas DPS website (www.dps.texas.gov) for the most up-to-date information and locations of nearby offices.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory ignition interlock device (IID) program for certain DUI offenders. If you are required to install an IID, you will need to have it installed by an approved vendor and maintain it for the required period.
• Occupational License: As described above, an Occupational License allows limited driving privileges during a suspension.
• Texas Department of Transportation (TxDOT) Programs: Check with TxDOT and DPS for any other state-specific programs to assist with license reinstatement and responsible driving.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. If you have been arrested for DUI in Hill, Texas, you should consult with a qualified attorney as soon as possible.