Loving County License Hearing Guide

Loving DUI License Suspension & ALR Hearing

Being arrested for DUI in Loving, Texas, can be a frightening experience. Not only are you facing potential criminal charges, but your driving privileges are also immediately at risk. It's crucial to understand the difference between the criminal case and the administrative process that determines the fate of your driver's license. This guide will walk you through the steps you need to take to protect your license after a DUI arrest in Loving County. The administrative process, handled by the Texas Department of Public Safety (DPS), is separate from the criminal court proceedings and can result in a license suspension even if you are not convicted of the DUI.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know right now. 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 challenge the suspension of your driver's license. Missing this deadline means an automatic suspension of your license.

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

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

• Online: Visit the Texas DPS website (www.dps.texas.gov – search for "ALR Hearing Request").

• Phone: Call the Texas DPS at the number listed on your temporary driving permit (usually on the back). Be prepared to provide your driver's license number, date of birth, and arrest details.

• Mail: Send a written request to the address listed on your temporary driving permit. The request should include your name, driver's license number, date of birth, arrest date, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove your request was received on time.

• 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 few exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request an ALR hearing, your license will still be temporarily suspended until the hearing takes place. This is because Texas has an "implied consent" law.

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 90 days to 1 year 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 valid for a limited time, usually 40 days. This permit allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

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 to 2 years for a first offense refusal.

• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this law results in automatic license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding conducted by the Texas DPS. It is completely separate from your criminal DUI case. The purpose of the hearing is to determine whether there was probable cause for your arrest and whether your license should be suspended.

• Separate from Criminal Court: The outcome of your ALR hearing does not directly affect your criminal DUI case, and vice versa. You can lose your license at the ALR hearing even if you are found not guilty in criminal court.

• Decide if License Suspension is Warranted: The hearing officer will review evidence and testimony to determine if the following conditions were met:

• Whether there was reasonable suspicion to stop you.

• Whether there was probable cause to believe you were driving while intoxicated.

• Whether you were offered a breath or blood test.

• Whether you refused the test (if applicable).

• Whether the test result showed a BAC of 0.08 or higher (if applicable).

• 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 prove their case by a "preponderance of the evidence," meaning it is more likely than not that the facts are true.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, Etc.): If you have any evidence that supports your case, gather it and bring it to the hearing. This could include witness statements, dashcam footage, or any other documentation that contradicts the DPS's claims.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal process, can gather evidence, cross-examine witnesses, and present a strong defense on your behalf. This is highly recommended.

• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:

• The legality of the initial stop.

• The probable cause for your arrest.

• The accuracy of the breath or blood test.

• The procedures followed during the testing process.

• The validity of the implied consent warning.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• 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

A hardship or restricted license, often called an Occupational Driver's License (ODL), allows you to drive for essential purposes if your license has been suspended.

• Eligibility Requirements: You must meet specific requirements to be eligible for an ODL, including:

• Having a valid reason to drive (e.g., work, school, medical appointments).

• Not having a prior ODL revoked within the past two years.

• Not having certain prior convictions (e.g., intoxication manslaughter).

• What You Can Drive For (Work, School, Medical): An ODL typically restricts you to driving for work, school, and 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, paying court fees, and providing proof of financial responsibility (SR-22 insurance). You will need to obtain a court order granting 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.

Getting Your License Back

Even if your license is suspended, you can eventually get it back.

After Criminal Case Concludes

Your criminal case outcome will impact the reinstatement process.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:

• Complete the required suspension period.

• Pay a reinstatement fee to the Texas DPS.

• File proof of financial responsibility (SR-22 insurance) for a specified period (usually two years).

• Complete any court-ordered classes or programs (e.g., DUI education program, alcohol awareness course).

• Fees: Reinstatement fees vary but are typically around $125.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility filed with the Texas DPS by your insurance company. It proves that you have the minimum required liability insurance coverage.

• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or other alcohol-related classes as part of your sentence. You must complete these programs before you can reinstate your license.

Loving DMV Offices

Since Loving County has no population, residents will need to travel to neighboring counties for DPS services. Nearest DPS offices may include:

• Please consult the Texas DPS website (www.dps.texas.gov) for the most up-to-date list of locations and hours. Search by zip code for the closest options. Due to the remote location of Loving County, be sure to confirm hours and services offered before travelling.

Special Programs

• Ignition Interlock Device Program: The Texas Ignition Interlock Device (IID) program allows individuals convicted of DUI to regain their driving privileges sooner by installing an IID in their vehicle.
• Occupational License: As mentioned above, an occupational license allows you to drive for essential purposes during a license suspension.
• Any State-Specific Programs: The Texas DPS website (www.dps.texas.gov) provides information on all state-specific programs related to DUI and driver's license suspensions.

This guide provides general information about DUI license suspensions and ALR hearings in Loving, Texas. It is not a substitute for legal advice. If you have been arrested for DUI, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and your driving privileges. The 15-day deadline to request an ALR hearing is crucial, so don't delay!