Midland County License Hearing Guide

Midland DUI License Suspension & ALR Hearing

If you've just been arrested for Driving Under the Influence (DUI) in Midland, Texas, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns is undoubtedly your driver's license. It's crucial to understand that your driving privileges are at risk, and you need to act quickly to protect them. This guide will provide you with the information you need to navigate the license suspension process and the Administrative License Revocation (ALR) hearing.

It's important to understand the difference between the criminal case and the administrative process related to your license. Your DUI criminal case will be handled in Midland County courts. However, the potential suspension of your driver's license is a separate administrative matter handled by the Texas Department of Public Safety (DPS). This means you could face a license suspension even if you are ultimately found not guilty in your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a very limited time to act after a DUI arrest in Midland, Texas, to protect your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This is a non-negotiable deadline. Missing it will result in the automatic suspension of your driver's license.

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

How to Request: You can request the hearing through the following methods:

• Online: Visit the Texas DPS website. Look for the section on ALR hearings or driver license suspensions. The DPS website is the preferred method.

• Phone: Contact the Texas DPS Driver License Division. You can find the appropriate phone number on the DPS website. Be prepared to provide your driver's license number and other identifying information.

• Mail: Send a written request for an ALR hearing to the Texas DPS. Include your full name, driver's license number, date of birth, date of arrest, and the reason for your request. Send it certified mail with return receipt requested to ensure proof of delivery.

• Note: Due to potential delays, mailing your request may not be the best option. Verify the correct address on the DPS website.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license might still be suspended depending on the circumstances of your arrest.

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.

• BAC over 0.08: The suspension period for a first-time offense is typically 90 days in Texas, assuming you request and lose the ALR hearing. If you don't request a hearing, it is also 90 days.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid until the date of your ALR hearing (if you request one) or until your suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a more severe penalty in Texas.

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for 180 days for a first offense, assuming you request and lose the ALR hearing. If you don't request a hearing, it is also 180 days.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to a chemical test if lawfully requested by a law enforcement officer. Refusing to do so results in administrative penalties, including license suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a critical step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding, completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal charges against you.
• Decide If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in a criminal trial.

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 saw you before or after the arrest).
• Dashcam or bodycam footage (if available).
• Medical records (if you have a condition that might affect your BAC reading).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly improve your chances of a favorable outcome. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the legal nuances and can effectively argue on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered correctly.
• Whether the testing equipment was properly calibrated and maintained.
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of three outcomes:

• Suspension Upheld: The DPS presents sufficient evidence, and the hearing officer upholds the license suspension.
• Suspension Overturned: You successfully challenge the DPS's evidence, and the hearing officer overturns the license suspension. This means you keep your driving privileges.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive under certain conditions.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a hardship or restricted license, also known as an Occupational License, in Texas. This allows you to drive for essential purposes, such as work, school, and medical appointments.

• Eligibility Requirements: You must meet specific eligibility requirements to obtain an Occupational License. This typically involves demonstrating a need to drive for essential purposes and providing proof of insurance.
• What You Can Drive For: An Occupational License typically restricts your driving to specific times and locations related to work, school, or medical needs.
• Costs and Application Process: The application process for an Occupational License involves filing a petition with the court, obtaining a court order, and submitting the order to the DPS. There are associated court and DPS fees.
• 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 Occupational License, especially if your BAC was high or if you have prior DUI convictions.

Getting Your License Back

Once your suspension period is over and your criminal case is resolved, you'll need to take steps to reinstate your driver's license.

• Reinstatement Requirements: To reinstate your license, you'll typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required alcohol education programs or community service.
• Meet any other requirements imposed by the court or the DPS.
• Fees: Be prepared to pay a reinstatement fee, which can vary. Check the Texas DPS website for current fee information.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time after your DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete an alcohol education program or community service as part of your DUI sentence. You must complete these requirements before your license can be reinstated.

Midland DMV Offices

While the ALR hearings are not held at the DMV, you may need to visit a local DMV/DPS office to reinstate your license or apply for an occupational license. Since I don't have current live data, please check the Texas DPS website for the most up-to-date information on Midland DPS office locations, hours, and services. Search for "Texas DPS Midland".

Special Programs

• Ignition Interlock Device (IID) Program: Texas has an IID program that may be required for certain DUI offenders, especially those with high BAC levels or prior convictions. An IID is a device installed in your vehicle that requires you to blow into it before starting the car. If the device detects alcohol, the car will not start.
• Occupational License: As mentioned above, an Occupational License allows you to drive for essential purposes during your license suspension.
• Alcohol Education Programs: Texas requires DUI offenders to complete an alcohol education program, such as the DWI Education Program, as part of their sentence.

This information is intended as a general guide and should not be considered legal advice. It is crucial to consult with a qualified DUI attorney in Midland, Texas, to discuss your specific situation and protect your rights. Don't delay - act quickly to protect your driving privileges!