Kent County License Hearing Guide

Kent DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a Kent, TX DUI)

Being arrested for a DUI in Kent, Texas can be a frightening experience. You're likely worried about fines, jail time, and the impact on your reputation. But one of the most immediate concerns is your driver's license. This guide provides critical information about your license suspension and the Administrative License Revocation (ALR) hearing process in Kent, Texas. Understanding this process is crucial to protecting your driving privileges.

Important Note: This information is for general guidance only. It's not a substitute for legal advice. Contact a qualified Texas DUI attorney immediately to discuss your specific situation.

Your License After a DUI Arrest in Kent

After a DUI arrest in Kent, Texas, you face two separate but related legal processes:

• Criminal Case: This deals with the DUI charge itself (driving under the influence). This takes place in the Kent County Court.
• Administrative Case (ALR Hearing): This deals specifically with your driver's license and whether it will be suspended. This is an administrative process handled by the Texas Department of Public Safety (DPS).

This guide focuses on the administrative process and your driver's license. It’s vital to understand that even if you are found not guilty in the criminal case, your license can still be suspended through the ALR hearing.

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 DUI arrest to request an ALR hearing.

If you fail to request a hearing within this timeframe, your driver's license will automatically be suspended. Don't delay!

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

How to Request:

• Online: The DPS website (www.dps.texas.gov) usually has a section for requesting ALR hearings. Look for keywords like "Driver License," "ALR Hearing," or "DUI."
• Phone: You can call the DPS Driver License Division. The statewide number is usually available on their website, however, be prepared for potential hold times.
• Mail: You can send a written request to the DPS office in charge of ALR hearings. The address is also available on the DPS website. Include your name, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest.

What Happens If You Miss the Deadline:

If you miss the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule. It is extremely difficult to get the hearing scheduled once the deadline has passed.

Automatic License Suspension

After a DUI arrest, your license is subject to immediate administrative suspension, pending the outcome of the ALR hearing. The length of the suspension depends on whether you took a breath or blood test and whether you failed or refused to take one.

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 a period of 90 days for a first offense.
• Temporary Permit: The officer likely provided you with a temporary driving permit. This permit is typically valid for 40 days, allowing you to drive until your ALR hearing or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. Your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in a longer suspension, even if you are later acquitted of the DUI charge.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

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.
• Decide 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 burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that it is more likely than not that you were driving while intoxicated.

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 medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of a favorable outcome. They can gather evidence, subpoena witnesses, and represent you at the hearing.
• Understand What You Can Challenge: Common challenges include:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath or blood test.
• Whether your BAC was actually over the legal limit.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer finds that the DPS had sufficient grounds to suspend your license, and the suspension remains in effect.
• Suspension Overturned: The hearing officer finds that the DPS did not have sufficient grounds to suspend your license, and your license is reinstated.
• 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 work, school, or medical appointments).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted license, also known as an occupational license, in Texas.

• Eligibility Requirements: You must meet certain requirements, such as having a valid Texas driver's license prior to the suspension, not having any other suspensions or revocations, and demonstrating a need to drive for essential purposes.
• What You Can Drive For: Typically, an occupational license allows you to drive for work, school, and essential medical appointments.
• Costs and Application Process: The application process involves filing a petition with the court, obtaining a court order, and submitting the order to the DPS. There are associated court and DPS fees.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

After your suspension period ends and your criminal case concludes, you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the DPS.
• Fees: The reinstatement fee varies but is usually around $125.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time.
• 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. Completion of these programs is often required before your license can be reinstated.

Kent DMV Offices

Since Kent, Texas is unincorporated and sparsely populated, there isn't a dedicated DMV office within the county. You will likely need to visit a DPS office in a neighboring county or conduct your business online or by mail. Check the Texas DPS website (www.dps.texas.gov) for the nearest locations.

Special Programs

• Ignition Interlock Device (IID) Program: The IID program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As discussed above, an occupational license allows individuals with suspended licenses to drive for essential purposes.

Remember, time is of the essence after a DUI arrest in Kent, Texas. Request your ALR hearing within 15 days and consult with a qualified DUI attorney as soon as possible to protect your driving privileges and navigate the legal process. This guide is for informational purposes only, and does not constitute legal advice.