Lamb County License Hearing Guide

Lamb DUI License Suspension & ALR Hearing

After a DUI arrest in Lamb, Texas, you're facing two separate legal battles: a criminal case and an administrative action against your driver's license. This guide focuses on the administrative side, specifically how to fight the suspension of your driver's license through the Administrative License Revocation (ALR) process. Understanding this process and acting quickly is crucial, as failing to do so can result in an automatic license suspension.

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. Missing this deadline means your license will automatically be suspended.

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

How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search for "Texas DPS ALR hearing request"). This is often the fastest and most convenient method.
• Phone: Call the Texas DPS Driver License Division. Be prepared for potential wait times. You can find the correct phone number on the DPS website.
• Mail: Send a written request to the address specified on the DIC-25 form (the Notice of Suspension you received when you were arrested). Important: Send it certified mail with return receipt requested to prove you sent it on time.

What to Include in Your Written Request:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• The county where you were arrested (Lamb County)
• A clear statement requesting an ALR hearing

What Happens If You Miss the Deadline (Automatic Suspension):

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. The suspension period depends on whether you took the breath or blood test and whether you failed or refused it. Don't let this happen! Act now.

Automatic License Suspension

Your license can be suspended automatically after a DUI arrest in Lamb County under two main scenarios: failing a breath or blood test or refusing to take one.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The suspension period is typically 90 days for a first offense.
• Temporary Permit: The DIC-25 form you received at the time of your arrest acts as a temporary driving permit. This permit is valid until your ALR hearing (if requested) or until the suspension period begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing one. In Texas, the suspension period for refusing a test is typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you've given "implied consent" to submit to a breath or blood test if lawfully arrested for DUI. Refusing to do so has consequences, regardless of whether you are ultimately convicted of DUI.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the suspension of your driver's license. It's a separate process from your criminal DUI case, and the outcome of one does not automatically determine the outcome of the other.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the Texas DPS. It's not a criminal trial.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether there was probable cause for your arrest and whether your BAC was above the legal limit (if you took the test) or whether you refused to take the test.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (e.g., someone who can testify you weren't impaired)
• Video footage (e.g., dashcam footage, security camera footage)
• Medical records (if relevant)
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Texas ALR hearings can be invaluable. They understand the legal procedures, can cross-examine witnesses, and present your case effectively. This is especially important if you refused the breath or blood test.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including:
• Whether the officer had probable cause to stop you
• Whether the officer properly administered the breath or blood test
• Whether the testing equipment was properly calibrated
• Whether you were properly informed of your rights

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If the DPS fails to prove its case, your license suspension will be overturned, and you can continue driving.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you typically need to demonstrate that you need to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An occupational license restricts you to driving only for the purposes listed above. You'll typically have restrictions on the hours and locations where you can drive.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are court fees associated with the application. A DUI attorney can help you navigate this process.
• IID Requirement: Depending on the circumstances of your case, 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

Regardless of whether you fight the suspension or not, you'll eventually need to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period is over and your criminal case is resolved, you'll need to meet certain requirements to reinstate your license. These typically include:
• Paying a reinstatement fee to the Texas DPS.
• Providing proof of SR-22 insurance (see below).
• Completing any required alcohol education programs or community service.
• Fees: The reinstatement fee varies, so check the Texas DPS website for current rates.
• 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 be required to maintain SR-22 insurance for a specified period (usually 2-3 years) after a DUI conviction.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete a DUI education program or other court-ordered classes.

Lamb DMV Offices

Unfortunately, Lamb County itself may not have a full-service DPS office due to its low population. You may need to travel to a nearby county. Check the Texas DPS website (www.dps.texas.gov) for the nearest driver's license office and its operating hours. You can search by zip code for the closest location.

Important: Always call ahead to confirm hours of operation and services offered.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory Ignition Interlock Device (IID) program for certain DUI offenders. This program requires you to install a breathalyzer device in your vehicle that prevents you from starting the car if you have alcohol in your system.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes even while your license is suspended.

A DUI arrest in Lamb County can be a stressful and confusing experience. Understanding the ALR process and acting quickly to protect your driving privileges is essential. Don't hesitate to consult with a qualified DUI attorney to discuss your options and protect your rights. Remember to request your ALR hearing within 15 days of your arrest!