Maverick County License Hearing Guide

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

Being arrested for a DUI in Maverick, Texas can be a frightening experience. Beyond the criminal charges, you're also facing an administrative process that can result in the suspension of your driver's license. It's crucial to understand that these are two separate legal battles. This guide focuses on the administrative side – specifically, your driver's license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence! You need to act immediately to protect your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in Maverick County, the Texas Department of Public Safety (DPS) can suspend your driver's license. You have a very limited window to fight this suspension: you must request an ALR hearing within 15 days of your arrest. This 15-day deadline is non-negotiable. Missing it will result in an automatic suspension of your license.

Where to Request the Hearing:

The hearing is requested through the Texas Department of Public Safety (DPS).

How to Request the Hearing:

You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website and search for "ALR Hearing Request." Look for the online form and follow the instructions.
• Phone: Call the Texas DPS at the designated ALR hearing request number (check the DPS website for the most current number, as it can change). Be prepared to provide your driver's license number, date of birth, and other relevant information.
• Mail: Send a written request to the address provided on your temporary driving permit or the Notice of Suspension you received at the time of your arrest. The written request must include your full name, date of birth, driver's license number, current address, and a clear statement that you are requesting an ALR hearing. Certified mail with return receipt requested is highly recommended to prove that your request was received on time.

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. There are very few exceptions to this rule. Don't risk it – act now!

Automatic License Suspension

The DPS can suspend your license based on two primary reasons stemming from a DUI arrest: failing a breath or blood test, or refusing to take one altogether.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, the DPS will likely suspend your license. The standard suspension period for a first-time DUI offense with a failed test in Texas is generally 90 days to 1 year.
• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit allows you to legally drive until your ALR hearing or the effective date of your suspension, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a much harsher penalty. In Texas, refusing a test for a first offense typically results in a license suspension of 180 days to 2 years.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to a breath or blood test if lawfully arrested for DUI. Refusal carries serious consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: It's crucial to remember that the ALR hearing is completely separate from your criminal DUI case. The outcome of one does not necessarily determine the outcome of the other.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your license.
• 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 the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, photos, or anything that challenges the DPS's claims.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in navigating the ALR hearing process. They understand the law, can present your case effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly informed of your rights regarding breath or blood testing.
• The accuracy of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: The hearing officer rules in favor of the DPS, and your license suspension remains in effect.
• Suspension Overturned: The hearing officer rules in your favor, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant you a restricted or hardship license, allowing you to drive for essential purposes (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a hardship or restricted license, which allows you to drive for limited purposes.

• Eligibility Requirements: Eligibility typically depends on demonstrating a need to drive for work, school, or essential medical appointments.
• What You Can Drive For: A hardship license will specify the permitted driving purposes (e.g., work, school, medical). Driving outside of these limitations can result in further penalties.
• Costs and Application Process: The application process involves filing a petition with the court and paying applicable fees. You'll need to provide documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a hardship license.

Getting Your License Back

Once your suspension period is over and your criminal case has concluded (whether through a plea bargain or trial), you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement typically involves paying a reinstatement fee to the DPS.
• Fees: The reinstatement fee varies but is generally a few hundred dollars.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (high-risk auto insurance) for a specified period.
• Classes/Programs That Must Be Completed: Depending on the terms of your criminal case, you may be required to complete a DUI education program or other related courses.

Maverick DMV Offices

Unfortunately, Maverick, Texas, being a county with no population center, doesn't have a dedicated DPS office within the county limits. The closest DPS offices are likely located in larger neighboring cities. You will need to check the Texas DPS website (www.dps.texas.gov) for the most up-to-date list of locations and operating hours. Search for "driver license office locations" on their site.

Important: Verify hours and services offered before visiting.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of a hardship license or as part of your criminal sentence.
• Occupational License: An occupational license is another type of restricted license that allows you to drive for essential work-related purposes.
• Alcohol Education Programs: Completion of a state-approved alcohol education program is often a requirement for license reinstatement and may be mandated by the court.

Being arrested for a DUI in Maverick County can be a stressful and confusing experience. Remember that you have a limited time to request an ALR hearing to protect your driving privileges. Don't delay – take action today! Consulting with a qualified DUI attorney is strongly recommended to understand your rights and options.