Motley County License Hearing Guide

Motley DUI License Suspension & ALR Hearing

Your life just took an unexpected turn with a DUI arrest in Motley, Texas. One of the most immediate concerns is your driver's license. It's crucial to understand the process of license suspension and the Administrative License Revocation (ALR) hearing. This guide provides vital information to navigate this complex situation and potentially save your driving privileges. It's important to remember that the administrative process regarding your license is entirely separate from the criminal case against you. This means your license can be suspended even if you are ultimately found not guilty in court.

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 hearing gives you the opportunity to challenge the suspension of your driver’s license. Missing this deadline results in an automatic suspension.

Where to Request: Texas Department of Public Safety (DPS)

How to Request:

• Online: The fastest way is to request the hearing online through the Texas DPS website. Navigate to the driver's license section and look for the ALR hearing request form.
• Phone: You can also request the hearing by calling the Texas DPS at their designated phone number. Be prepared to provide your driver's license information and arrest details. Check the DPS website for the current phone number as it can change.
• Mail: While slower, you can mail a written request for an ALR hearing. The request should include your name, driver's license number, date of birth, date of arrest, arresting agency, and a clear statement that you are requesting an ALR hearing. Send the request via certified mail with return receipt requested to ensure proof of delivery. The address to mail the request can be found on the back of your temporary driving permit issued at the time of your arrest or on the Texas DPS website.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will automatically be suspended. There are very few exceptions to this rule, so act quickly.

Automatic License Suspension

Following a DUI arrest, your license is subject to automatic suspension under certain circumstances.

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 depends on your driving record. For a first offense, the suspension period is typically 90 days to 1 year.

• Temporary Permit Valid Until Hearing or Suspension Begins: The officer likely provided you with a temporary driving permit when you were arrested. This permit allows you to drive for a limited period, usually 40 days, or until the date of your ALR hearing, whichever comes first. If you do not request a hearing, the suspension will begin after the temporary permit expires.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Texas, refusing to take a breath or blood test results in a license suspension of 180 days for a first offense.

• Implied Consent Law in Texas: Texas operates under an "implied consent" law. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply can result in administrative penalties, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in protecting your driving privileges.

What It Is

• Separate From Criminal Court: It's essential to understand that the ALR hearing is a civil proceeding, entirely separate from your criminal DUI case. The purpose of the hearing is to determine whether the Texas DPS has sufficient evidence to suspend your driver's license administratively.

• Decide If License Suspension Is Warranted: The hearing officer will review the evidence presented by the DPS and you (or your attorney) to determine if the suspension is justified.

• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a 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 suspension is warranted.

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): If possible, gather any evidence that supports your case. This could include witness statements, dashcam footage, or any other information that might challenge the DPS's case.

• Consider Hiring a DUI Attorney: Navigating the ALR hearing process can be complex. A qualified DUI attorney can represent you at the hearing, present evidence on your behalf, and cross-examine witnesses. While there is no guarantee of overturning the suspension, a skilled attorney can significantly increase your chances of success.

• Understand What You Can Challenge: There are several aspects of the DUI stop and arrest that can be challenged at the ALR hearing. These include:

• 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 properly.

• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the hearing officer determines that the DPS has met its burden of proof, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer determines that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be reinstated.

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

A hardship or restricted license may allow you to drive for essential purposes during your suspension.

• Eligibility Requirements: Eligibility for a restricted license depends on the specific circumstances of your case and your driving record. Generally, you must demonstrate a need to drive for work, school, or essential medical appointments.

• What You Can Drive For (Work, School, Medical): A restricted license typically limits driving to specific times and locations, such as driving to and from work, school, or medical appointments.

• Costs and Application Process: Applying for a restricted license involves filing an application with the court and paying a fee. The application process can be complicated, and it is advisable to seek legal assistance.

• 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 a restricted license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case. Generally, you will need to pay a reinstatement fee to the Texas DPS.

• Fees: The reinstatement fee varies, so check the DPS website for the current amount.

• 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.

• Classes/Programs That Must Be Completed: You may also be required to complete a DUI education program or other court-ordered classes.

Motley DMV Offices

Unfortunately, due to the incredibly small population of Motley, Texas, there is no dedicated DMV or DPS office located directly within the county. The closest options are typically located in neighboring counties. Contacting these offices beforehand is recommended to confirm services offered and hours of operation:

• Childress DPS Driver License Office: (Address and Phone Number – Search on Texas DPS website)
• Floydada DPS Driver License Office: (Address and Phone Number – Search on Texas DPS website)

Important: Always verify the address and hours of operation with the Texas DPS website before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has a mandatory IID program for certain DUI offenders. If you are required to install an IID, you will need to have it installed by an approved provider and maintain it for a specified period.

• Occupational License: An Occupational License is a special type of restricted license that allows driving even when your license is suspended, if you meet specific requirements and the court approves it.

This guide provides general information about DUI license suspension and ALR hearings in Motley, Texas. It is not a substitute for legal advice. Contact a qualified DUI attorney immediately to discuss your specific situation and protect your rights. Time is of the essence!