Jeff Davis County License Hearing Guide

Jeff Davis DUI License Suspension & ALR Hearing

A DUI arrest in Jeff Davis, Texas, can trigger two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your driver's license and the crucial Administrative License Revocation (ALR) hearing that could help you keep driving legally. Time is of the essence. Act quickly to protect your driving privileges.

Your License After a DUI Arrest in Jeff Davis

Following a DUI arrest in Jeff Davis County, the Texas Department of Public Safety (DPS) can initiate an administrative action to suspend your driver's license. This is completely separate from the criminal case related to your DUI charge. Even if you are found not guilty in criminal court, your license can still be suspended administratively. Understanding this crucial distinction is the first step in protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an ALR hearing. This is a non-negotiable deadline. Missing this deadline will result in an automatic suspension of your driver's license.

• Where to Request: You must request the 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. You will need your driver's license number and other identifying information.

• Phone: Call the Texas DPS at the number provided on your temporary driving permit or on the DPS website. Be prepared to provide your driver's license number and other identifying information.

• Mail: Send a written request for an ALR hearing to the address provided on your temporary driving permit or on the DPS website. Include your full name, driver's license number, date of birth, and the date of your arrest. Certified mail with return receipt requested is highly recommended to prove timely submission.

• 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 limited exceptions to this rule, so it is crucial to act quickly.

Automatic License Suspension

The circumstances surrounding your DUI arrest will determine the length of your potential license suspension.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you submitted to a breath or blood test and 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 temporary driving permit you received at the time of your arrest is typically valid for 40 days. This allows you to drive until the ALR hearing is held or the suspension period begins if you don't request a hearing, or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: If you refused to submit to a breath or blood test, the penalty is more severe. Your license will be suspended for 180 days for a first refusal.

• 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 submit to such a test carries significant consequences.

The ALR/Administrative Hearing

Understanding the ALR hearing process is critical to fighting your license suspension.

What It Is

• Separate From Criminal Court: The ALR hearing is a civil proceeding completely separate from your criminal DUI case. The purpose of the hearing is to determine whether the DPS had sufficient cause to suspend your driver's license.

• Decide if License Suspension is Warranted: The hearing officer will consider evidence presented by both the DPS and you (or your attorney) to determine if the suspension is justified.

• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence," meaning it is more likely than not that you committed the offense.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): Gather any evidence that supports your case. This could include witness statements, dashcam footage (if available), or any other documentation that challenges the DPS's case.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand the process, gather evidence, and represent you at the hearing. Given the short deadline, contact an attorney immediately.

• 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 the officer had probable cause to arrest you for DUI.

• Whether you were properly advised of your rights regarding breath or blood testing.

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

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient cause to suspend your license, the suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient cause, the suspension will be overturned, and your license will be reinstated.

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

Even with a license suspension, you may be eligible for a restricted license, often called an Occupational Driver's License (ODL), which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an ODL, 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 undue hardship.

• What You Can Drive For (Work, School, Medical): An ODL typically restricts you to driving only for work, school, or essential medical appointments. The specific restrictions will be outlined in the court order granting the ODL.

• Costs and Application Process: Applying for an ODL involves filing a petition with the court and paying associated fees. You will also need to provide documentation supporting your need to drive.

• 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 ODL.

Getting Your License Back

Once your license suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

The outcome of your criminal DUI case can impact your license reinstatement requirements.

• Reinstatement Requirements: To reinstate your license, you will typically need to:

• Pay a reinstatement fee to the Texas DPS.

• Provide proof of SR-22 insurance (a certificate of financial responsibility).

• Complete any required alcohol education or treatment programs.

• Fees: Reinstatement fees vary depending on the length of your suspension and other factors.

• SR-22 Insurance Requirement: You will likely be required to maintain SR-22 insurance for a period of time, typically two to three years.

• Classes/Programs That Must Be Completed: The court or the DPS may require you to complete alcohol education or treatment programs as a condition of reinstatement.

Jeff Davis DMV Offices

Unfortunately, due to Jeff Davis County's extremely low population and rural nature, there is no dedicated DMV/DPS office located directly within the county. The nearest DPS offices will be located in neighboring counties. You'll need to check the Texas DPS website (www.dps.texas.gov) for the most up-to-date locations, hours of operation, and contact information. Consider calling ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: Texas has an ignition interlock device (IID) program for individuals convicted of DUI. An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. If the device detects alcohol, the vehicle will not start.

• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during a license suspension.

• Texas Driver Responsibility Program (Repealed): Note: The Texas Driver Responsibility Program, which assessed surcharges for certain traffic offenses, including DUI, was repealed in 2019. However, you may still owe fees or have restrictions related to previous surcharges. Check with the DPS to confirm your status.

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Texas to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request an ALR hearing is crucial. Don't delay – contact an attorney today!