Hunt County License Hearing Guide

Hunt DUI License Suspension & ALR Hearing

Being arrested for a DUI in Hunt, Texas can be a frightening experience. Besides the criminal charges you face, your driver's license is immediately at risk. It's crucial to understand that the process of suspending your license is separate from your criminal case. This guide explains the Administrative License Revocation (ALR) process in Hunt County and provides the information you need to protect your driving privileges. DUI.Guide is here to help you navigate this complex situation.

Your License After a DUI Arrest in Hunt

Following a DUI arrest in Hunt, Texas, you'll face two separate legal battles:

• Criminal Case: This involves the actual DUI charge and potential penalties like fines, jail time, and a criminal record.
• Administrative License Revocation (ALR) Case: This is a civil process managed by the Texas Department of Public Safety (DPS) and determines whether your driver's license will be suspended.

It's vital to understand that the ALR process is independent of the criminal case. Even if your criminal charges are dismissed or reduced, your license could still be suspended through the ALR process. This is why taking action immediately is so important.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most crucial piece of information you need is this: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is a strict deadline, and missing it will result in an automatic suspension of your driver's license.

Where to Request:

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

How to Request:

• Online: The fastest and most reliable method is to request your hearing online through the Texas DPS website. Look for the section on "ALR Hearings" or "Driver License Suspension Hearings."
• Mail: You can also request a hearing by mail. Send a written request to the address provided on your temporary driving permit or the Notice of Suspension you received from the arresting officer. Important: Send it via certified mail with return receipt requested to ensure proof of delivery.
• Phone: While possible, requesting by phone is generally not recommended as it can be difficult to prove that you made the request within the deadline. If you choose this method, document the date, time, and the name of the person you spoke with.

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. There is very little you can do to reverse this automatic suspension. Don't let this happen to you. Act now!

Automatic License Suspension

Following a DUI arrest, your license may be automatically suspended under certain circumstances, pending the outcome of the ALR hearing (if requested) or if you miss the 15-day deadline.

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 if you don't request a hearing, or if the hearing upholds the suspension. The suspension period is typically 90 days for a first offense.
• Temporary Permit: You should have received a temporary driving permit from the arresting officer. This permit is usually valid for 40 days, allowing you to drive until your ALR hearing or until the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, if you refuse to submit to testing, your license will be suspended for 180 days for a first offense if you don't request a hearing or if the hearing upholds the suspension.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by an administrative law judge (ALJ) from the State Office of Administrative Hearings (SOAH). The purpose of the hearing is to determine whether there was probable cause for the traffic stop and whether you were driving while intoxicated.

• Separate from Criminal Court: This hearing is not part of your criminal case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The ALJ will decide whether the evidence presented justifies suspending your driver's license.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show by a "preponderance of the evidence" (more likely than not) that you were driving while intoxicated.

How to Prepare

Preparing for your ALR hearing is essential. The more prepared you are, the better your chances of preventing a license suspension.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other information that contradicts the police officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of a favorable outcome. They can help you understand your rights, gather evidence, and present a strong defense.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath or blood test.
• Whether your BAC was actually above the legal limit.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have one of three main outcomes:

• Suspension Upheld: The ALJ finds that the DPS presented sufficient evidence to justify suspending your license.
• Suspension Overturned: The ALJ finds that the DPS did not present sufficient evidence, and your license will not be suspended.
• Restricted/Hardship License Granted: In some limited circumstances, the ALJ may grant a restricted or hardship license, allowing you to drive for essential purposes, even with a suspension in place. This is less common.

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, which allows you to drive for essential purposes.

• Eligibility Requirements: You must meet specific requirements to be eligible, including:
• Having no other valid driver's license.
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• Showing proof of financial responsibility (SR-22 insurance).
• What You Can Drive For: An occupational license typically allows you to drive only for work, school, and essential household duties, such as grocery shopping or medical appointments.
• Costs and Application Process: The application process involves obtaining a court order from the county court where you reside. There are court fees and attorney fees (if you hire an attorney).
• IID Requirement: Depending on the circumstances of your DUI, 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, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies and can be found on the Texas DPS website.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage. You'll likely need to maintain SR-22 insurance for a specific period, typically three years.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or community service as part of your criminal sentence.

Hunt DMV Offices

Unfortunately, Hunt, Texas does not have a dedicated DPS office. You will need to visit a nearby DPS office in a surrounding city. Check the Texas DPS website (www.dps.texas.gov) for the nearest locations and hours of operation. Common offices include:

• Greenville DPS Office: (Address and Hours - Check DPS website)
• Commerce DPS Office: (Address and Hours - Check DPS website)

Always verify the addresses and hours of operation on the official Texas DPS website before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows certain individuals with suspended licenses to drive with an IID installed in their vehicle. The device prevents the vehicle from starting if it detects alcohol on the driver's breath.
• Occupational License: As discussed above, this allows you to drive for essential purposes during a license suspension.

This guide provides a general overview of the ALR process and license suspension in Hunt, Texas. However, every case is unique. It's highly recommended that you consult with a qualified DUI attorney in Hunt County to discuss your specific situation and develop a strategy to protect your driving privileges. DUI.Guide is a resource to help you understand the process, but it's not a substitute for professional legal advice. Don't delay – your 15-day deadline is ticking!