Morris County License Hearing Guide

Morris DUI License Suspension & ALR Hearing

Losing your driver's license after a DUI arrest in Morris, Texas can severely impact your life. You need to act fast to protect your driving privileges. This guide provides the crucial information you need to understand the license suspension process following a DUI arrest in Morris County, including the critical deadlines and procedures for requesting an Administrative License Revocation (ALR) hearing. It's important to understand that the license suspension process is separate from your criminal DUI case. This is an administrative process handled by the Texas Department of Public Safety (DPS).

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have only 15 days from the date of your DUI arrest to request an ALR hearing. This is not 15 business days, but 15 calendar days. Missing this deadline will result in an automatic suspension of your driver's license.

Where to Request:

The ALR hearing is handled by the Texas Department of Public Safety (DPS).

How to Request:

You can request the hearing online, by phone, or by mail. Here's how:

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request").
• Phone: Call the Texas DPS Driver License Division. (Search online for the specific DPS Driver License Division phone number for your region of Texas. This number can vary).
• Mail: Send a written request to the Texas DPS address specified on the DIC-25 form you should have received from the arresting officer. Important: Send it certified mail with return receipt requested. This provides proof that you mailed it and that DPS received it.

What to Include in Your Written Request:

• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• A brief statement requesting an ALR hearing regarding your driver's license suspension.
• Your signature

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. You will receive a notice from the DPS informing you of the suspension and its duration. Once suspended, driving is illegal and can result in further criminal charges.

Automatic License Suspension

Your license can be automatically suspended after a DUI arrest in Texas under two main circumstances: failing a breath or blood test, or refusing to take 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, your license will be suspended. The suspension period for a first offense is typically 90 days.
• Temporary Permit: You should have received a temporary driving permit from the arresting officer. This permit is valid for 40 days, giving you time to request an ALR hearing. The temporary permit remains valid until your ALR hearing date, or if you don't request a hearing, until the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a stricter penalty than failing the test. In Texas, refusing a chemical test results in a driver's license suspension of 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to take the test can result in the automatic license suspension described above, even if you are ultimately acquitted of the DUI charge in criminal court.

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: This is crucial to understand. The ALR hearing is an administrative proceeding, separate and distinct from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending 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," meaning it is more likely than not that the facts support the suspension. This is a lower standard than "beyond a reasonable doubt," which is required for a conviction in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Video footage (e.g., dashcam footage)
• Medical records
• Any documentation that challenges the validity of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the legal procedures, can effectively cross-examine witnesses, and present a compelling case on your behalf. They can also advise you on the best legal strategy.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the case against you, 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 and reliability of the breath or blood test results.

Possible Outcomes

The ALR hearing can have three possible outcomes:

• Suspension Upheld: The DPS presents sufficient evidence, and the judge upholds the license suspension.
• Suspension Overturned: You successfully challenge the DPS's evidence, and the judge overturns the suspension. Your license is returned to you.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive under certain circumstances (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain an occupational license, sometimes called a hardship license, in Texas.

• Eligibility Requirements: You must demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: An occupational license typically restricts driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and obtaining a court order authorizing the DPS to issue the occupational license. There are court costs and DPS fees associated with obtaining the license.
• IID Requirement: The judge may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining an occupational license. This device requires you to blow into it before starting the car to ensure you are not under the influence of alcohol.

Getting Your License Back

Once your suspension period is over, you're not automatically back on the road. You must take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license after a DUI suspension in Texas, you typically need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of completion of any required alcohol education programs or community service.
• Show proof of financial responsibility (SR-22 insurance).
• Fees: The reinstatement fee varies but is generally around $125.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility filed with the DPS by your insurance company. This indicates that you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI education program or other alcohol-related courses as part of your sentence. Completing these programs is essential for license reinstatement.

Morris DMV/DPS Offices

Unfortunately, due to the rural nature of Morris County, there is likely not a dedicated DPS office within the county itself. Residents will likely need to travel to a neighboring county for DPS services. Search online for the nearest Texas DPS Driver License office to Morris County. Be sure to check their hours of operation before visiting.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for an occupational license or as part of your sentence in the criminal case. The DPS provides information on approved IID providers.
• Occupational License: Detailed above.
• State-Specific Programs: Texas offers various DWI intervention and education programs that may be required by the court.

This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Morris County, Texas, it is crucial to consult with a qualified DUI attorney immediately to protect your rights and navigate the complex legal process. Remember the 15-day ALR hearing deadline is crucial!