Mills County License Hearing Guide

Mills DUI License Suspension & ALR Hearing: Save Your License!

If you've just been arrested for DUI in Mills, Texas, you're likely worried about what happens next. One of the most immediate concerns is your driver's license. It's crucial to understand that there are two separate legal processes at play: a criminal case and an administrative case related to your driving privileges. This guide focuses on the administrative side – specifically, how to fight your license suspension through an Administrative License Revocation (ALR) hearing. Time is of the essence, so pay close attention!

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Mills County, the Texas Department of Public Safety (DPS) will attempt to suspend your driver's license. To challenge this suspension, you MUST request an ALR hearing within 15 days of your arrest. This is a hard deadline, and missing it will result in an automatic suspension of your license.

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

How to Request: You have a few options for requesting your ALR hearing:

• Online: Visit the Texas DPS website ([Search for "Texas DPS ALR Hearing Request" - replace with actual link when available]). The online portal is often the fastest and most convenient method.
• Phone: Call the Texas DPS at the designated ALR hearing request phone number ([Search for "Texas DPS ALR Hearing Request Phone Number" - replace with actual phone number when available]). Be prepared to provide your driver's license information and details about your arrest.
• Mail: Send a written request to the Texas DPS address for ALR hearing requests ([Search for "Texas DPS ALR Hearing Request Address" - replace with actual mailing address when available]). Make sure to send it via certified mail with return receipt requested so you have proof of timely submission.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There's very little recourse once this deadline passes, so act quickly!

Automatic License Suspension

Even if you request a hearing, your license might be subject to an automatic suspension pending the outcome of that hearing. The length and circumstances of this suspension depend on whether you took a breath or blood test and, if so, what the results were.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension for a first offense typically ranges from 90 days to 1 year in Texas, but this can vary.
• Temporary Permit: Upon arrest, you likely received a temporary driving permit. This permit is usually valid for 40 days, allowing you to drive until your ALR hearing or until the suspension officially begins (if you don't request a hearing or if the suspension is upheld).

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 will result in a license suspension of 180 days. Subsequent refusals can lead to even longer suspensions.
• Implied Consent Law in Texas: Texas, like all states, operates under 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. Refusing to do so has consequences, as outlined above.

The ALR/Administrative Hearing

Understanding the ALR hearing process is vital to fighting your license suspension.

What It Is

• Separate from Criminal Court: The ALR hearing is a completely separate process from your criminal DUI case. It's an administrative hearing conducted by the Texas DPS.
• Decides if License Suspension is Warranted: The purpose of the 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 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

Thorough preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements: If anyone can attest to your sobriety or the circumstances of your arrest, get their written statements.
• Video evidence: If there's dashcam footage or security camera footage of the traffic stop or your behavior, try to obtain it.
• Medical records: If you have any medical conditions that might have affected your BAC reading or field sobriety test performance, gather relevant medical records.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal procedures, can cross-examine witnesses, and present a strong defense on your behalf.
• 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 the breath or blood test was administered correctly.
• Whether the BAC results are accurate.
• Whether you were properly informed of your rights regarding testing.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the DPS presents sufficient evidence and you're unable to successfully challenge it, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's evidence or demonstrate that the suspension is not warranted, your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you might be eligible for a restricted or hardship license (discussed below).

Hardship/Restricted License in Texas

Even with a suspended license, you might be able to obtain a restricted or "occupational" license in Texas, allowing you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible, including:
• Having a valid driver's license at the time of the offense.
• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.
• Not having any prior DUI convictions within a certain timeframe.
• What You Can Drive For: An occupational license typically allows you to drive only for:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for a restricted license. There are associated court fees. Contact the Mills County court clerk for specific details and forms.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

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: Requirements typically include:
• Paying a reinstatement fee to the Texas DPS.
• Completing any required DUI education programs or community service.
• Providing proof of SR-22 insurance (discussed below).
• Fees: Contact the Texas DPS for the current reinstatement fee amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS. It demonstrates that you have the required minimum liability insurance coverage. You may be required to maintain SR-22 insurance for a period of time after your DUI conviction.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete a DUI education program or a substance abuse treatment program.

Mills DMV Offices

Unfortunately, Mills County has no incorporated cities. The nearest Texas Department of Public Safety (DPS) offices are likely located in neighboring counties. You should search online for the closest DPS office to Mills County for the most up-to-date information on locations and hours. Be sure to call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, an IID might be required for a restricted license or as a condition of your probation. This device prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: Discussed above, this allows limited driving privileges for essential needs.
• Texas Specific Programs: Search the Texas DPS website for information on any other specific programs related to DUI offenses and license reinstatement.

This information is intended as a general guide and should not be considered legal advice. Because Mills County is a small and remote area, it's extremely important to seek personalized guidance from a qualified Texas DUI attorney as soon as possible to protect your rights and navigate the complexities of the legal process. Don't delay – the 15-day deadline for requesting an ALR hearing is fast approaching!