Nolan County License Hearing Guide

Nolan DUI License Suspension & ALR Hearing

If you've just been arrested for DUI in Nolan, Texas, your driver's license is in immediate jeopardy. It's crucial to understand that there are two separate processes you'll face: the criminal case in court, and an administrative process regarding your driver's license. This guide focuses on the administrative side and how to protect your driving privileges. The first thing you need to know is this: time is of the essence.

Your License After a DUI Arrest in Nolan

After a DUI arrest in Nolan County, TX, the Department of Public Safety (DPS) will attempt to suspend your driver's license. This action is separate from the criminal DUI case against you. Even if you are found not guilty in court, your license can still be suspended administratively. This administrative process, called an ALR (Administrative License Revocation) hearing, determines whether your license should be suspended based on the circumstances of your arrest. Understanding this distinction is vital. Don't assume that a dismissal of your criminal charges automatically means you get to keep your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to understand. You have only 15 days from the date of your arrest to request an ALR hearing. If you fail to request a hearing within this timeframe, your license will automatically be suspended. No exceptions.

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

• How to request: You can request the hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (search for "Texas DPS ALR hearing request"). This is often the quickest and easiest method.

• Phone: Call the Texas DPS at the number provided on your temporary driving permit (usually located in the arrest paperwork). Be prepared to provide your driver's license number and other identifying information.

• Mail: Send a written request to the address provided on your temporary driving permit or on the DPS website. Use certified mail with return receipt requested to ensure you have proof that your request was received within the 15-day deadline. The request should include your full name, driver's license number, date of birth, date of arrest, and a clear statement that you are requesting an ALR hearing.

• What happens if you miss the deadline: If you miss the 15-day deadline, your license will be automatically suspended. There is very little you can do to reverse this. Don't delay!

Automatic License Suspension

The Texas DPS will attempt to suspend your license based on the evidence from your DUI arrest. The grounds for suspension depend on whether you took a breath or blood test and, if so, 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. The length of the suspension can vary depending on prior offenses, but for a first offense with no prior DUI convictions, the suspension period is typically 90 days to 1 year.

• Temporary permit valid until hearing or suspension begins: After your arrest, you were likely issued a temporary driving permit. This permit allows you to drive until the ALR hearing is held or until the suspension period begins (if you don't request a hearing or if the suspension is upheld).

If You Refused Testing

• Refusal penalty: Refusing to take a breath or blood test has serious consequences in Texas. The penalty for refusing is a longer suspension than if you had taken the test and failed. Typically, the suspension for refusing a test for a first offense is 180 days to 2 years.

• 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 license suspension, even if you are ultimately found not guilty of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding, not a criminal trial. It's conducted by an administrative law judge (ALJ), not a judge in a courtroom. The purpose of the hearing is to determine whether the DPS had sufficient grounds to suspend your driver's license.

• Separate from criminal court: Remember, the outcome of the ALR hearing does not determine the outcome of your criminal DUI case. You can win the ALR hearing and still be convicted of DUI, and vice versa.

• Decide if license suspension is warranted: The ALJ will review the evidence presented by the DPS and by you (or your attorney) to determine if the suspension is justified.

• 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 "a preponderance of the evidence" (more likely than not) that you were driving while intoxicated. In a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Preparing for your ALR hearing is crucial. The outcome can significantly impact your ability to drive legally.

• Gather evidence (witness statements, video, etc.): If you have any evidence that supports your case, gather it. This might include witness statements, dashcam footage, or any other information that casts doubt on the validity of the DUI arrest or the accuracy of the breath/blood test.

• Consider hiring a DUI attorney: This is highly recommended. A DUI attorney experienced in ALR hearings can help you understand your rights, gather evidence, prepare your case, and represent you at the hearing. They know the specific procedures and arguments that are most effective.

• Understand what you can challenge: At the ALR hearing, you can challenge various aspects of the DUI arrest, including:

• Whether the officer had probable cause to stop you.

• Whether the officer followed proper procedures during the arrest.

• The accuracy and reliability of the breath/blood test.

• Whether you were actually intoxicated.

Possible Outcomes

• Suspension upheld: If the ALJ finds that the DPS has proven its case, your license suspension will be upheld.

• Suspension overturned: If the ALJ finds that the DPS has not proven its case, your license suspension will be overturned, and you will be able to continue driving.

• 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

If your license is suspended, you may be able to obtain an occupational license, also known as a hardship license, which allows you to drive for essential purposes.

• Eligibility requirements: You must meet specific requirements to be eligible for an occupational license, including:

• Having a valid driver's license at the time of the arrest.

• Not having any other suspensions or revocations on your record.

• Demonstrating a need to drive for essential purposes, such as work, school, or medical appointments.

• What you can drive for (work, school, medical): An occupational license typically restricts you to driving for specific purposes, such as getting to and from work, school, or medical appointments.

• Costs and application process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are also associated court costs and fees. You'll need to consult with an attorney or the court clerk in Nolan County to get the most up-to-date information.

• IID requirement: Depending on the circumstances of your DUI, 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

Even after the ALR process is complete, you need to take specific steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement requirements: To reinstate your license after a DUI suspension in Texas, you will typically need to:

• Pay a reinstatement fee to the DPS.

• Provide proof of SR-22 insurance (a type of high-risk auto insurance).

• Complete any required alcohol education programs or community service.

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

• SR-22 insurance requirement: You will likely be required to maintain SR-22 insurance for a period of time, typically two to three years.

• Classes/programs that must be completed: Depending on the circumstances of your case, you may be required to complete a DWI education program or community service.

Nolan DMV Offices

Unfortunately, there is no DMV office located directly in Nolan, Texas due to its small population. You will need to travel to a nearby city. Here are some options:

• Sweetwater DPS Office: 400 Oak St, Sweetwater, TX 79556 (This is the most likely option for Nolan residents)

• Abilene DPS Office: 4802 N 1st St, Abilene, TX 79603

• Snyder DPS Office: 1901 E Coliseum Dr, Snyder, TX 79549

It is highly recommended to call ahead to confirm hours of operation and services offered before visiting any of these locations.

Special Programs

• Ignition interlock device program: As mentioned above, an IID may be required as a condition of an occupational license or as part of your criminal sentence.

• Occupational license: Discussed in detail above.

• Texas Driver Responsibility Program (Note: This program was repealed in 2019, but outstanding surcharges may still affect your license): While the Driver Responsibility Program is no longer active, outstanding surcharges from prior violations may still prevent you from renewing or reinstating your license. Check your driving record with the DPS to ensure you have no outstanding obligations.

Being arrested for DUI in Nolan, Texas can be a stressful and confusing experience. Remember to act quickly to protect your driving privileges by requesting an ALR hearing within 15 days. Consider consulting with a qualified DUI attorney to help you navigate the legal process and achieve the best possible outcome.