Irion County License Hearing Guide

Irion DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Irion, Texas? Your driver's license is in immediate danger of being suspended. This guide provides critical information and steps you MUST take to protect your driving privileges. Time is of the essence. Read this carefully and act quickly.

Your License After a DUI Arrest in Irion

A DUI arrest in Irion County, Texas triggers two separate legal processes: a criminal case in the Irion County court system and an administrative case with the Texas Department of Public Safety (DPS) concerning your driver's license. This guide focuses specifically on the administrative process, which is separate from your criminal case. Even if your criminal charges are eventually dismissed, your license can still be suspended through the administrative process. This administrative process is initiated by the Texas DPS, and it is crucial to understand that you must act quickly to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Irion County, you have only 15 days from the date of your 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 results in an automatic license suspension. This is NOT something to take lightly.

• 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 online, by phone, or by mail.

• Online: Visit the Texas DPS website and navigate to the section on ALR hearings. Follow the instructions to submit your request electronically. (Search "Texas DPS ALR Hearing Request").

• Phone: Call the Texas DPS at their designated ALR hearing request number. You can find this number on the DIC-24 form (the temporary driving permit you received at the time of your arrest) or on the DPS website. Be prepared to provide information about your arrest.

• Mail: Send a written request for an ALR hearing to the address specified on the DIC-24 form. Your request should include your full name, date of birth, driver's license number, date of arrest, and the reason you are requesting the hearing. Certified mail with return receipt requested is HIGHLY recommended to prove you sent the request on time.

• 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 contest the suspension administratively. There are very few exceptions to this rule. It’s best to act immediately.

Automatic License Suspension

Depending on the circumstances of your arrest, your license may be automatically suspended.

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. The length of the suspension will depend on your prior driving record and whether this is your first DUI offense. For a first offense with a BAC over 0.08, the suspension period is typically 90 days to one year.

• 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 valid until your ALR hearing (if requested) or until the date your suspension begins if you don't request a hearing or if your suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty than failing the test. In Texas, refusing a test results in an automatic license suspension. The suspension period for a first-time refusal is 180 days.

• Implied Consent Law in Texas: Texas has an "implied consent" law, which means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this law results in the automatic suspension described above.

The ALR/Administrative Hearing

The ALR hearing is a critical step in protecting your driving privileges after a DUI arrest in Irion County.

What It Is

• Separate From Criminal Court: The ALR hearing is completely separate from your criminal DUI case. It is an administrative proceeding conducted by the Texas DPS. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.

• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether there was probable cause for your arrest and whether you were driving with a BAC of 0.08 or higher, or whether you refused to submit to a breath or blood test. If the DPS proves these elements, your license will be suspended.

• Lower Burden of Proof Than Criminal Trial: 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 the elements for suspension are met. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): If you believe there are reasons why your license should not be suspended, gather any evidence that supports your case. This could include witness statements, dashcam footage, or any other information that challenges the DPS's case.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A DUI attorney can represent you at the hearing, cross-examine witnesses, present evidence on your behalf, and argue why your license should not be suspended. This significantly increases your chances of a favorable outcome.

• Understand What You Can Challenge: In the ALR hearing, you can challenge the following:

• 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.

• Whether the breath or blood test results are accurate and reliable.

• Whether you actually refused to submit to a breath or blood test.

Possible Outcomes

• Suspension Upheld: If the DPS proves their case, your license suspension will be upheld.

• Suspension Overturned: If you successfully challenge the DPS's case, your license suspension will be overturned, and your driving privileges will be restored.

• Restricted/Hardship License Granted: In some cases, even if your suspension is upheld, you may be eligible for a restricted or hardship license, which allows you to drive under certain circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Texas

Even with a suspended license, you may be eligible for an Occupational Driver's License (ODL) in Texas, often referred to as a hardship license.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You must also prove that your license suspension is causing you undue hardship. You usually must prove that no other reasonable transportation is available.

• What You Can Drive For (Work, School, Medical): An ODL allows you to drive only for specific purposes, such as commuting to and from work, attending school, or traveling to medical appointments. The ODL will specify the times and locations where you are permitted to drive.

• Costs and Application Process: Applying for an ODL involves filing a lawsuit in the county court where you reside or where the offense occurred. There are court costs and attorney fees associated with this process. You will need to provide documentation to support your need for the ODL.

• IID Requirement: Depending on the circumstances of your DUI arrest, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL. An IID requires you to blow into a breathalyzer before starting your car and periodically while driving.

Getting Your License Back

Once your suspension period is over and your criminal case concludes (if applicable), you will need to take steps to reinstate your driver's license.

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 insurance (SR-22 insurance, see below).

• Complete any required alcohol education courses or community service.

• Comply with any other conditions imposed by the court in your criminal case.

• Fees: The reinstatement fee varies depending on the reason for the suspension.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that your insurance company files with the Texas DPS. This demonstrates that you have the minimum required liability insurance. You will likely need to maintain SR-22 insurance for a period of two to three years.

• Classes/Programs That Must Be Completed: The court may order you to complete an alcohol education course or community service as part of your sentence in your criminal case. You must provide proof of completion to the Texas DPS before your license can be reinstated.

Irion DMV Offices

Since Irion County has no population, the closest DPS office will be in a neighboring county. Please check the Texas DPS website for the most up-to-date information on office locations and hours. (Search "Texas DPS Office Locations").

Special Programs

• Ignition Interlock Device Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of obtaining an ODL or as part of your criminal sentence.

• Occupational License: This is the restricted/hardship license discussed above.

• Any State-Specific Programs: The Texas DPS may offer other programs or resources for individuals with suspended licenses. Check their website for more information.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Irion County, Texas, to discuss your specific situation and protect your legal rights. Time is of the essence, so contact an attorney as soon as possible. Don't delay! Your driving privileges are at stake.