Lubbock County License Hearing Guide

Lubbock County DUI License Suspension & ALR Hearing

After a DUI arrest in Lubbock County, you face two separate legal battles: a criminal case and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your driver's license and the Administrative License Revocation (ALR) hearing process. It's crucial to understand this process, as failing to act quickly can result in an automatic license suspension, independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Texas Department of Public Safety (DPS). This is a strict deadline.

You can request a hearing through the Texas DPS. The method for requesting the hearing (online, phone, or mail) is not specified in the provided research.

If you miss the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so immediate action is essential.

Automatic License Suspension

A DUI arrest in Texas triggers an automatic license suspension process, regardless of whether you are ultimately convicted of the criminal offense. The grounds for suspension depend on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension is determined by Texas law. The research data does not specify the suspension length for a failed test.

Upon arrest, you may receive a temporary driving permit. This permit is valid until the ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath or blood test carries a longer suspension period than failing the test. The research data does not specify the suspension length for refusing a test.

The ALR/Administrative Hearing

The ALR hearing is a civil proceeding, entirely separate from your criminal DUI case in the Lubbock County Courts at Law. The purpose of the hearing is to determine whether the Texas DPS has sufficient grounds to suspend your driver's license.

What It Is

The ALR hearing is not a criminal trial. It is an administrative hearing with a lower burden of proof than a criminal trial. The DPS must demonstrate that:

• You were lawfully arrested for DUI.
• There was probable cause to believe you were driving while intoxicated.
• You either refused to take a breath or blood test, or you provided a sample with a BAC of 0.08 or higher.

How to Prepare

Preparing for an ALR hearing is crucial to protecting your driving privileges. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or any other documentation that challenges the DPS's claims.
• Understand What You Can Challenge: You can challenge the legality of the traffic stop, the probable cause for your arrest, the accuracy of the breath or blood test results, or whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's evidence, 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 occupational license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas law allows for the possibility of obtaining a restricted or occupational license under certain circumstances, even if your license is suspended. The eligibility requirements and the permitted uses for the license are defined by state law.

• Eligibility Requirements: The requirements typically involve demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: A restricted license typically limits driving to specific times, locations, and purposes.
• Costs and Application Process: There are fees associated with applying for a restricted license, and the application process involves submitting documentation to the court.
• 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 a restricted license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: The Texas DPS typically requires you to pay a reinstatement fee and provide proof of completion of any court-ordered classes or programs.
• Fees: The reinstatement fee varies.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs that Must Be Completed: If the court ordered you to complete a DUI education program or community service, you must provide proof of completion to the DPS.

Lubbock County DMV Offices

The Texas Department of Motor Vehicles (DMV) has a Regional Service Center in Lubbock:

• Lubbock Regional Service Center: https://www.txdmv.gov/regional-service-centers/lubbock The address, hours, and phone number for this specific Lubbock location are not provided in the research data.

Special Programs

• Ignition Interlock Device Program: Texas law requires the installation of an IID for certain DUI offenders.
• Occupational License: As described above, an occupational license may allow you to drive for essential purposes during a suspension.

Frequently Asked Questions

Q: Where will my car be impounded after a DUI arrest in Lubbock County? A: According to the Lubbock municipal contract, most vehicles are impounded at Lubbock Wrecker Service, located at 3209 Slaton Hwy, Lubbock, TX 79404. The release phone number is 806-748-1044.

Q: What is the bail amount for a first-time DUI offense (Class B misdemeanor) in Lubbock County? A: The standard bail amount for a first-time DUI offense in Lubbock County typically ranges from $750 to $1,000.

Q: Where are magistration hearings held in Lubbock County, and what times are they conducted? A: Magistration hearings are held at the Lubbock County Detention Center. Hearings occur twice daily: at 8:00 AM and 1:00 PM on weekdays, and at 9:00 AM and 9:00 PM on weekends and holidays.