Marion County License Hearing Guide

Marion DUI License Suspension & ALR Hearing

Being arrested for a DUI in Marion, Texas, can be a frightening experience. Beyond the criminal charges, you're also facing the potential suspension of your driver's license. It's crucial to understand that the process involves two separate tracks: the criminal court case and an administrative process handled by the Texas Department of Public Safety (DPS) – the latter determines your driving privileges. This guide focuses on the administrative side, specifically the license suspension and the Administrative License Revocation (ALR) hearing process. Time is of the essence, so let's get started.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Marion, the clock starts ticking immediately. 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 contest the suspension of your driver's license. Missing this deadline means your license will be automatically suspended.

Where to Request the Hearing:

You must request the hearing from the Texas Department of Public Safety (DPS).

How to Request the Hearing:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and navigate to the section on ALR hearings. You can typically find the necessary forms and instructions there.
• Phone: Call the Texas DPS at their designated ALR hearing request number. Be prepared to provide your driver's license number, date of birth, and other relevant information. You can find the number on the paperwork you received at the time of your arrest.
• Mail: Send a written request for an ALR hearing to the address specified on your temporary driving permit or the notice of suspension you received. Your request should include your full name, date of birth, driver's license number, and the date of your arrest. It's recommended to send it via certified mail with return receipt requested to ensure proof of delivery.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. This suspension will go into effect 40 days after the date you received notice of suspension. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Your license faces automatic suspension under two primary scenarios following a DUI arrest in Marion: failing or refusing a breath or blood test.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, you face an automatic license suspension.
• First Offense Suspension Period: The suspension period for a first-time DUI with a BAC of 0.08 or higher is typically 90 days to 1 year in Texas.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is generally valid until your ALR hearing date or the effective date of the suspension if you don't request a hearing or your suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test.
• Suspension Period for Refusal: The suspension period for refusing a breath or blood test is generally 180 days to 2 years in Texas. This is significantly longer than the suspension for failing the test.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply can lead to the penalties described above, even if you're ultimately not convicted of the DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil administrative hearing, entirely separate from your criminal DUI case. The purpose of the ALR hearing is to determine whether your driver's license should be suspended due to your DUI arrest. It's crucial to understand that the outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.

• Separate from Criminal Court: The ALR hearing is conducted by the Texas DPS, not the criminal court.
• Decides if License Suspension is Warranted: The DPS hearing officer will review the evidence presented to determine if sufficient probable cause existed for your arrest and whether you either failed or refused a breath or blood test.
• 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 "preponderance of the evidence" (more likely than not) to justify the suspension, rather than "beyond a reasonable doubt" required for a criminal conviction.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that could support your case. This might include:
• Witness statements: If anyone can testify about your sobriety or the circumstances of your arrest, obtain a written statement from them.
• Video footage: If there's any dashcam or surveillance footage that could be relevant, try to obtain it.
• Medical records: If you have any medical conditions that could have affected your BAC reading or performance on field sobriety tests, gather your medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you gather evidence, prepare your case, and represent you at the hearing. An attorney understands the legal nuances and can effectively challenge the DPS's case.
• Understand What You Can Challenge: Common grounds for challenging a license suspension at an ALR hearing include:
• Lack of probable cause for the initial traffic stop.
• Improper administration of field sobriety tests.
• Problems with the breath or blood testing equipment or procedures.
• Violation of your rights during the arrest.

Possible Outcomes

The ALR hearing can have several 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 reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or occupational license (discussed below) that allows you to drive for essential purposes.

Hardship/Restricted License in Texas

A hardship or restricted license, often called an Occupational Driver's License (ODL) in Texas, allows you to drive for essential purposes while your license is suspended.

• Eligibility Requirements: To be eligible for an ODL, you must typically demonstrate a need to drive for work, school, or essential household duties. You also cannot have certain prior convictions.
• What You Can Drive For: An ODL typically restricts you to driving for specific purposes, such as:
• Traveling to and from work.
• Traveling to and from school.
• Performing essential household duties (e.g., grocery shopping, taking children to school).
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, providing documentation of your need to drive, and paying court fees. You will also need to obtain SR-22 insurance (proof of financial responsibility).
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL, particularly if your BAC was high or if you have prior DUI convictions.

Getting Your License Back

Even if your license is suspended, there are steps you can take to get it back.

After Criminal Case Concludes

The reinstatement requirements may vary depending on the outcome of your criminal case and the terms of your suspension.

• Reinstatement Requirements: You will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance.
• Complete any required alcohol education or treatment programs.
• Install an Ignition Interlock Device (IID) if required.
• Fees: The reinstatement fee can vary, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance coverage. You will likely need to maintain SR-22 insurance for a specified period, often three years.
• Classes/Programs That Must Be Completed: Depending on the circumstances of your case and the court's orders, you may be required to complete a DUI education program, alcohol awareness class, or substance abuse treatment program.

Marion DMV Offices

Unfortunately, Marion, Texas, has no population and therefore no local DPS office. You will need to visit a DPS office in a neighboring town or city. Here are a few options, but be sure to verify hours and services before visiting, as they are subject to change:

• **** - Check their website for hours of operation.
• **** - Check their website for hours of operation.

You can also find the most up-to-date information on DPS locations and hours on the Texas DPS website (www.dps.texas.gov).

Special Programs

• Ignition Interlock Device (IID) Program: Texas has an IID program that allows individuals with a suspended license 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 you to drive for essential purposes while your license is suspended.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Marion, Texas, and is not intended as legal advice. It is essential to consult with a qualified DUI attorney to discuss your specific situation and legal options. The laws and procedures related to DUI cases can be complex and subject to change.