Navarro County License Hearing Guide

Navarro County DUI License Suspension & ALR Hearing

A DUI arrest in Navarro County, Texas, triggers two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically the potential suspension of your driver's license by the Texas Department of Public Safety (DPS). Understanding this process and its deadlines is crucial, as a failure to act swiftly can result in an automatic license suspension, independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Texas, 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 challenge the potential suspension of your driver's license. This is a hard deadline.

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

• How to Request: While specific online or phone request methods may be available, it is often recommended to submit your request in writing via certified mail 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. There are very limited exceptions to this rule.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be automatically suspended pending the outcome of the hearing. The grounds for suspension depend on whether you submitted to breath or blood testing and the results of that test, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your breath or blood test revealed a blood alcohol content (BAC) of 0.08 or higher, your license will be suspended. The length of the suspension varies but is typically 90 days to 1 year for a first offense.
• Temporary Permit: Upon arrest, you likely received a temporary driving permit. This permit is valid until the date of your ALR hearing or until the suspension period begins, whichever comes first.

If You Refused Testing

• Refusal Carries a Longer Suspension: Refusing to submit to a breath or blood test carries a longer license suspension under Texas's implied consent law.
• Implied Consent Law in Texas: Texas law operates under "implied consent," meaning 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 results in an automatic license suspension, even before any criminal proceedings. This suspension is typically longer than a suspension for failing a test.

The ALR/Administrative Hearing

The ALR hearing is a critical step in protecting your driving privileges after a DUI arrest.

What It Is

• Separate From Criminal Court: The ALR hearing is a completely separate administrative proceeding 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 has sufficient evidence to suspend your driver's 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 that it is more likely than not that you were driving while intoxicated, not that you are guilty beyond a reasonable doubt.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case, such as witness statements, video footage, or documentation that challenges the accuracy of the breath or blood test.
• Understand What You Can Challenge: You can challenge various aspects of the DPS case, including whether the officer had probable cause to stop you, whether the breath or blood test was properly administered, and whether you were actually intoxicated.

Possible Outcomes

• Suspension Upheld: If the DPS presents sufficient evidence, the judge may uphold the suspension of your license.
• Suspension Overturned: If you successfully challenge the DPS case, the judge may overturn the suspension, and your driving privileges will be restored.
• 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 for essential purposes.

Hardship/Restricted License in Texas

A hardship or restricted license in Texas may allow you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: Eligibility requirements vary, but generally, you must demonstrate a need to drive for work, school, or essential medical appointments.
• What You Can Drive For: A restricted license typically limits you to driving for specific purposes, such as commuting to and from work, attending school, or going to medical appointments.
• Costs and Application Process: The application process involves submitting an application to the Texas DPS and paying a reinstatement fee.
• IID Requirement: In some cases, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

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 and your criminal case concludes, you must meet certain requirements to reinstate your license.
• Fees: You will need to pay a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes.

Navarro County DMV Offices

The Texas Department of Public Safety (DPS) handles driver's license reinstatement. Here are the local offices in Navarro County:

• DMV: 601 N 13th St, Corsicana, TX 75110. Hours: Monday-Friday, 8:00 AM to 4:30 PM.
• Texas Department of Public Safety: 3030 US-287, Corsicana, TX 75109. Phone: (903) 872-5631. Hours: Monday-Friday, 8:00 AM to 5:00 PM.

Special Programs

• Ignition Interlock Device Program: Texas law requires IIDs for certain DUI offenders, especially repeat offenders.
• Occupational License: In some situations, you may qualify for an occupational license to drive for work.
• Navarro County Recovery Court: Navarro County has a Recovery Court program for repeat DWI offenders. Participants must submit to intense surveillance, including Secure Continuous Remote Alcohol Monitoring (SCRAM) transdermal devices and vehicle ignition interlocks.

Frequently Asked Questions

1Where will my car be impounded after a DUI arrest in Navarro County? Your car will most likely be taken to Texas Towing at 1900 S Business 45, Corsicana, TX 75110. You can confirm the exact location with the Navarro County Sheriff's Office non-emergency dispatch line at (903) 654-3001.

2How can I avoid the "Daily Cutoff" storage accrual fees? If the DWI arrest occurred late at night, it is imperative to retrieve the vehicle before the 12-hour mark expires the following morning. Crossing this threshold automatically triggers a second $20.00 to $35.00 storage charge, unnecessarily inflating the recovery cost.

3How long will my license be suspended for a first-time DUI in Navarro County if I refused the breathalyzer? Refusing a breathalyzer carries a longer license suspension than failing one. While the exact length depends on the specific circumstances, you can expect a suspension period longer than the typical 90 days to 1 year for failing a test.