Lubbock County License Hearing Guide

Lubbock DUI License Suspension & ALR Hearing: Act Fast to Save Your Driving Privileges

A DUI arrest in Lubbock, Texas can be a frightening and confusing experience. Beyond the criminal charges, your driver's license is immediately at risk. Understanding the process to fight a potential license suspension is crucial, and time is of the essence. This guide will walk you through the steps you need to take, focusing on the critical Administrative License Revocation (ALR) hearing and how it impacts your ability to drive. Remember, this is general information and not legal advice. Contacting a qualified Lubbock DUI attorney is always recommended.

The Texas Department of Public Safety (DPS) handles the administrative side of a DUI, which is completely separate from the criminal court proceedings. This means your license can be suspended even if you're ultimately found not guilty in court. This administrative process is initiated through an ALR hearing, and it's imperative you understand the deadlines and procedures involved.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

The most important thing you need to know right now is this: you have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license. Missing this deadline results in an automatic suspension of your license.

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

How to Request:

• Online: The DPS website often allows for online ALR hearing requests. Search for "Texas DPS ALR Hearing Request" to find the specific page. This is often the fastest and most reliable method.
• Phone: You can attempt to request a hearing by phone. Contact the DPS Driver License Division. Be prepared for potential wait times and have your driver's license and arrest information readily available.
• Mail: While slower, you can request a hearing by mail. Send a written request to the appropriate DPS office (find the address on the DPS website or by calling them). Your request should clearly state your name, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Send it certified mail with return receipt requested to have proof that the DPS received your request 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 automatically be suspended. The length of the suspension depends on whether you failed or refused a breath or blood test. Don't let this happen! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license will be subject to an automatic suspension period if the hearing doesn't go in your favor.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood test revealed a Blood Alcohol Content (BAC) of 0.08 or higher, your license will be suspended if the ALR hearing doesn't overturn the suspension. The suspension period for a first offense is typically 90 days to 1 year.

You were likely issued a temporary driving permit at the time of your arrest. This permit is valid until the ALR hearing is held or until the suspension period officially begins if you didn't request a hearing or if the hearing upholds the suspension.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty. In Texas, a first-time refusal typically results in a license suspension of 180 days to 2 years. This is a longer suspension than if you had taken the test and failed.

Texas, like most 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 comply with this law carries serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case. The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: A favorable outcome in the ALR hearing does not guarantee a dismissal of your criminal charges, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review evidence and testimony to determine if the necessary conditions for suspension are met.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence" (more likely than not), which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is key to maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence: Collect any information that could support your case. This may include witness statements, dashcam footage, video surveillance from the location where you were stopped, or any other evidence that challenges the validity of the traffic stop or the accuracy of the breath/blood test.
• Consider Hiring a Lubbock DUI Attorney: A DUI attorney experienced with ALR hearings can guide you through the process, present your case effectively, and cross-examine witnesses. They understand the nuances of Texas DUI law and can significantly increase your chances of winning your hearing.
• 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 you were lawfully arrested.
• Whether you were properly advised of your rights regarding chemical testing.
• The accuracy and reliability of the breath or blood test.

Possible Outcomes

The ALR hearing can have one of three primary outcomes:

• Suspension Upheld: The hearing officer finds that the DPS has met its burden of proof, and your license suspension will go into effect.
• Suspension Overturned: The hearing officer finds that the DPS has not met its burden of proof, and your license will not be suspended (at least administratively).
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments) even during the suspension period. This is more common in subsequent offenses.

Hardship/Restricted License in Texas

Even with a suspended license, you might be eligible for a restricted license, also known as an occupational license, that allows you to drive for essential purposes.

• Eligibility Requirements: Specific requirements apply, including demonstrating a need to drive for work, school, or essential household duties. You typically must be able to prove that the suspension is causing undue hardship.
• What You Can Drive For: An occupational license restricts your driving to specific locations and times, usually related to work, school, medical appointments, or essential household duties.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and paying associated fees.
• IID Requirement: In some cases, obtaining an occupational license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends and your criminal case is resolved, you must meet certain requirements to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period (typically 2-3 years).
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes.

Lubbock DMV Offices

Here are some local DPS offices in Lubbock where you might need to go:

(Note: This information needs to be verified with the latest DPS data. Always check the Texas DPS website for the most up-to-date information.)

• Lubbock Mega Center: (Address & Hours - To be added with current information)
• Lubbock Driver License Office: (Address & Hours - To be added with current information)

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals with suspended licenses to drive if they install an IID in their vehicle. The device requires the driver to provide a breath sample before starting the car, preventing operation if alcohol is detected.
• Occupational License: As discussed above, an occupational license allows restricted driving privileges for essential purposes.
• Texas Driver Responsibility Program (Note: Check current status): While the Texas Driver Responsibility Program was repealed, there may still be fees or surcharges associated with your DUI case. Confirm the specifics with your attorney or the court.

Time is of the essence after a DUI arrest in Lubbock. Requesting your ALR hearing within 15 days is crucial to protecting your driving privileges. Contact a qualified Lubbock DUI attorney as soon as possible to discuss your case and understand your options.