Navarro County License Hearing Guide

Navarro DUI License Suspension & ALR Hearing

If you've just been arrested for driving under the influence (DUI) in Navarro County, Texas, you're likely overwhelmed and worried about what comes next. One of your immediate concerns should be protecting your driving privileges. This guide will walk you through the process of license suspension and the Administrative License Revocation (ALR) hearing, offering crucial information to help you navigate this challenging time. It's vital to act quickly, as strict deadlines apply.

Important Note: This guide provides general information. It is NOT a substitute for legal advice from a qualified Texas DUI attorney. Consult with an attorney immediately to discuss the specifics of your case.

Your License After a DUI Arrest in Navarro

A DUI arrest in Texas triggers two separate legal processes: a criminal case and an administrative case. The criminal case deals with the charges against you for driving under the influence. The administrative case, handled by the Texas Department of Public Safety (DPS), determines whether your driver's license will be suspended. This guide focuses on the administrative process and your right to an ALR hearing. Losing your license can significantly impact your life, affecting your ability to work, care for your family, and attend to daily responsibilities.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is non-negotiable. Missing it will result in an automatic suspension of your driver's license. Do not delay!

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

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

• Online: The quickest and most recommended method is to request the hearing online through the DPS website. Navigate to the driver's license section and look for the ALR hearing request form.
• Phone: You can call the DPS to request a hearing. Look up the DPS Driver License Division phone number for your region on the Texas DPS website. Be prepared to provide your driver's license information and details about your arrest.
• Mail: While not recommended due to the risk of delays, you can mail a written request to the DPS. The address for sending the request should be available on the DPS website or from your arresting officer. Be sure to send it certified mail with return receipt requested to ensure proof of delivery.

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 in the mail from the DPS confirming the suspension and its effective date. Once suspended, your only recourse is to wait out the suspension period or potentially apply for an occupational license (discussed later).

Automatic License Suspension

Even before your ALR hearing (or if you fail to request one), your license is subject to an automatic suspension, the length of which depends on whether you took a breath/blood test and the results.

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 for 90 days for a first offense.

• Temporary Permit: You should have received a temporary driving permit from the arresting officer. This permit is typically valid for 40 days from the date of your arrest, allowing you to drive until your ALR hearing or until the suspension officially begins if you don't request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty. If you refused testing, your license will be suspended for 180 days for a first offense.

• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This law states that by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to submit to testing can result in the longer suspension period described above, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. Understanding the process is crucial.

What It Is

• Separate from Criminal Court: The ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.

• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS had 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," meaning it is more likely than not that you were driving while intoxicated. This is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Any evidence that supports your case can be presented at the hearing. This might include witness statements, video footage (if available), police reports, and any documentation related to your arrest.

• Consider Hiring a DUI Attorney: This is highly recommended. A DUI attorney experienced in ALR hearings can:

• Request the hearing on your behalf.

• Obtain and review the evidence against you.

• Prepare you for the hearing.

• Represent you at the hearing and cross-examine witnesses.

• Advocate for your driving privileges.

• 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 the officer had probable cause to arrest you for DUI.

• Whether you were properly informed of your rights regarding breath/blood testing.

• The accuracy of the breath/blood test results.

• Whether you actually refused the breath/blood test (if applicable).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient evidence to suspend your license, the suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient evidence, the 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, allowing you to drive under certain circumstances (see below).

Hardship/Restricted License in Texas

A hardship or occupational license allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You may be eligible for an occupational license if your license was suspended for DUI and you need to drive for work, school, or essential household duties. You must prove that you have no other reasonable transportation options. There is often a waiting period before you can apply.

• What You Can Drive For: An occupational license typically restricts you to driving for work, school, medical appointments, and essential household errands.

• Costs and Application Process: The application process involves filing a petition with the county court, obtaining a court order, and submitting the order to the DPS. There are court costs and DPS fees associated with obtaining an occupational license.

• 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 for repeat offenders or those with high BAC levels.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends (whether from the ALR hearing or the criminal case), you must meet certain requirements to reinstate your license.

• Fees: You will need to pay a reinstatement fee to the DPS. The amount varies.

• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of two to three years after your suspension.

• Classes/Programs that Must be Completed: You will likely be required to complete a DUI education program or community service as part of your criminal sentence. Proof of completion may be required to reinstate your license.

Navarro DMV Offices

Unfortunately, specific Navarro County DMV office information is unavailable at this time. Please check the Texas Department of Public Safety (DPS) website to find the nearest DPS office and their hours of operation. You can also search online for "Texas DPS near me" to find the closest location.

Special Programs

• Ignition Interlock Device (IID) Program: Texas has an IID program that allows certain offenders to regain driving privileges sooner by installing a device that prevents the vehicle from starting if alcohol is detected on the driver's breath.

• Occupational License: As described above, an occupational license allows you to drive for essential purposes during your suspension.

It is crucial to consult with a qualified Texas DUI attorney as soon as possible to protect your rights and navigate the complexities of the legal process. They can provide personalized advice and representation based on the specific facts of your case. Don't delay – your driving privileges are on the line!