Moore County License Hearing Guide

Moore DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

Being arrested for a DUI in Moore, Texas, is a frightening experience. Beyond the criminal charges, you also face the immediate possibility of losing your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case addressing the DUI charge itself, and an administrative process handled by the Texas Department of Public Safety (DPS) that focuses solely on your driving privileges. This guide focuses on the administrative process and the critical steps you must take to protect your license.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: 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. No exceptions.

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

How to Request: You can request the ALR hearing in one of three ways:

• Online: The quickest and easiest way is often through the DPS website. Look for the section on "ALR Hearings" or "Driver License Suspension Hearings." You'll likely need your driver's license number and other information from your arrest.
• Phone: You can call the Texas DPS at the designated ALR hearing request number. Be prepared to provide your personal information and details about your arrest. Get the name of the person you spoke with and the date and time of your call.
• Mail: You can send a written request to the Texas DPS. Be sure to include your full name, address, driver's license number, date of birth, and a clear statement that you are requesting an ALR hearing regarding your DUI arrest. Send it certified mail with return receipt requested so you have proof of delivery. Keep a copy for your records.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There is very little you can do to reverse this once the deadline has passed. Don't wait! Request the hearing immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The reason for the suspension and the length of the suspension depend on whether you took a breath or blood test and the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, your license will be suspended. The suspension period for a first-time offender is typically 90 days to 1 year. This can vary, so understanding the specific details of your case is crucial.
• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the suspension officially begins (if you don't request a hearing or lose the hearing).

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a much harsher penalty. If you refused testing, your license will be suspended for a significantly longer period than if you had taken and failed the test. The suspension period for refusing a test is typically 180 days to 2 years for a first offense.
• 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 breath or blood test if requested by a law enforcement officer who has probable cause to believe you are driving under the influence. Refusing to take the test can result in the longer suspension, even if you are ultimately found not guilty of the DUI charge in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the suspension of your driver's license. It's a critical step in protecting your ability to drive.

What It Is

• Separate from Criminal Court: The ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case. It only determines whether or not your driver's license will be suspended.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine if the DPS has sufficient evidence to suspend your license.
• 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 by a "preponderance of the evidence" (meaning more likely than not) that you were driving under the influence.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that might support your case. This could include witness statements, videos, photos, or any other documentation that challenges the police officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can be invaluable. They understand the legal procedures, can gather evidence on your behalf, and can represent you at the hearing. They can also advise you on the best strategy for your specific case.
• 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 believe you were driving under the influence.
• Whether you were properly advised of your rights regarding the breath or blood test.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: If the hearing officer finds that the DPS has presented sufficient evidence to justify the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DPS has not presented sufficient evidence, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted (Unlikely at ALR Hearing): While possible, it's rare to obtain a hardship license directly through the ALR hearing. You'll typically need to pursue this separately after a suspension has been imposed. We'll cover hardship licenses in more detail below.

Hardship/Restricted License in Texas

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

• Eligibility Requirements: Generally, you'll need to show that you need to drive for work, school, or essential family needs (like medical appointments). You'll also need to meet certain requirements, such as completing a substance abuse education program.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes, such as commuting to work, attending school, or going to medical appointments. It will likely specify the times and locations you are permitted to drive.
• Costs and Application Process: The application process involves completing a petition with the court, providing supporting documentation, and paying a fee. You'll need to obtain a court order granting the occupational license and then present that order to the DPS.
• IID Requirement: Depending on the circumstances of your case, the court may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: After the suspension period ends, you will need to meet certain requirements to reinstate your license. These typically include:
• Fees: Paying a reinstatement fee to the DPS.
• SR-22 Insurance Requirement: Obtaining SR-22 insurance, which is a certificate of financial responsibility that proves you have the required minimum liability insurance coverage. This requirement typically lasts for several years.
• Classes/Programs That Must Be Completed: Completing any required alcohol education or treatment programs.

Moore DMV Offices

Unfortunately, specific addresses and hours of operation for DMV/DPS offices directly within Moore, Texas are unavailable due to the county's limited population. However, you can find the nearest DPS office by searching the Texas DPS website using your zip code or by contacting the DPS directly.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, an IID may be required for an occupational license or as a condition of probation in your criminal case. The IID is a device that is installed in your vehicle and requires you to blow into it to test your BAC before you can start the car.
• Occupational License: As discussed above, this allows limited driving privileges.
• State-Specific Programs: The DPS may offer other programs or resources to help you regain your driving privileges. Contact the DPS or your attorney for more information.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Texas to discuss the specific facts of your case and to understand your legal options. Time is of the essence - act quickly to protect your driving privileges!