Oldham County License Hearing Guide

Oldham DUI License Suspension & ALR Hearing

(Updated for 2024)

Being arrested for a DUI in Oldham, Texas, can be a frightening experience. Besides the potential criminal charges, you're also facing the immediate threat of losing your driver's license. It's crucial to understand that there are two separate legal processes involved: the criminal case and the administrative license suspension process. This guide focuses specifically on the latter – how to navigate the administrative process and fight to keep your driving privileges. Time is of the essence, so read carefully and act quickly.

Your License After a DUI Arrest in Oldham

After a DUI arrest in Oldham County, the Texas Department of Public Safety (DPS) can suspend your driver's license. This is an administrative action, meaning it's separate from any criminal charges you may face in court. The DPS can suspend your license even if you're ultimately found not guilty in your criminal case. This administrative process is triggered by your arrest and is often based on your blood alcohol content (BAC) or refusal to submit to a breath or blood test.

Understanding this separation is vital. You need to fight both battles – the criminal charges and the administrative license suspension – to minimize the impact of a DUI arrest on your life. This guide focuses on the administrative side, specifically the ALR (Administrative License Revocation) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important piece of information you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means your license will automatically be suspended.

Where to Request:

You must request the ALR hearing from the Texas Department of Public Safety (DPS).

How to Request:

While the Texas DPS does not offer online ALR hearing requests, you can request the hearing by mail, fax, or in person at a DPS office.

• Mail: Send your written request to the address listed on the DIC-24 form (Notice of Suspension) given to you by the arresting officer. If you do not have the DIC-24 form, you can call the DPS for the appropriate address. Certified mail with return receipt requested is highly recommended to ensure proof of timely submission.

• Fax: Fax your written request to the fax number listed on the DIC-24 form. Keep a copy of the fax confirmation as proof of submission.

• In Person: This is generally not recommended due to potential travel distance and difficulty confirming receipt. However, if you choose this option, go to the nearest Texas DPS office and obtain a receipt for your request.

What to Include in Your Request:

Your request must be in writing and include:

• Your full name
• Your date of birth
• Your driver's license number
• The date of your arrest
• A clear statement that you are requesting an ALR hearing.

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, beginning 40 days after the date you were served with the Notice of Suspension (DIC-24). This suspension will remain in effect for the duration specified by Texas law, depending on whether you failed or refused a breath/blood test. Don't let this happen – act now!

Automatic License Suspension

Even if you request an ALR hearing, your license will still be automatically suspended if the DPS determines that:

• You were arrested for DUI.
• You had a BAC of 0.08 or higher while operating a motor vehicle, or you refused to submit to a breath or blood test.

The specific length of the suspension depends on the circumstances.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your BAC was 0.08 or higher, your license will be suspended for 90 days for a first offense.

• Temporary Permit: The arresting officer should have issued you a temporary driving permit. This permit is typically valid for 40 days, allowing you to drive until the suspension officially begins or until the ALR hearing is held.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a significantly harsher penalty. Your license will be suspended for 180 days for a first offense refusal.

• 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 carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is your chance to challenge the DPS's decision to suspend your license. It's a critical step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: This is a civil proceeding, separate from the criminal charges you face in court. 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 hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it's 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: Collect any evidence that supports your case. This might include witness statements, video footage (e.g., dashcam or bodycam footage), or any documentation that challenges the accuracy 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 can present your case in the strongest possible light.
• Understand What You Can Challenge: You can challenge various aspects of the case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the breath or blood test.
• Whether the breath or blood test results are accurate and reliable.
• Whether you were actually driving or in actual physical control of the vehicle.

Possible Outcomes

• Suspension Upheld: If the hearing officer rules against you, your license suspension will remain in effect.
• Suspension Overturned: If the hearing officer rules in your favor, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even 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: To be eligible for an occupational license, you must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• Essential household duties.
• What You Can Drive For: The occupational license will specify the times and locations you are permitted to drive.
• Costs and Application Process: You must apply for an occupational license through the court in the county where you reside or where the offense occurred (Oldham County). You will need to file a petition and pay a filing fee.
• 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 the occupational license.

Getting Your License Back

After your suspension period is over and after the criminal case concludes, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will likely need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required alcohol education or treatment programs.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance. You will likely need to maintain SR-22 insurance for a period of several years.
• Classes/Programs That Must Be Completed: Depending on the outcome of your criminal case, you may be required to complete an alcohol education program or substance abuse treatment program.

Oldham DMV Offices

Since Oldham County has no incorporated cities and a very small population, there is no DPS office located within the county itself. The nearest DPS offices are located in neighboring counties. Contacting the DPS directly is recommended to confirm hours and services offered.

• Amarillo DPS Office: (Address and phone number) Note: This is the closest major city
• Dumas DPS Office: (Address and phone number)

Please confirm locations and hours of operation before visiting.

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 the terms of your criminal sentence.
• Occupational License: Explained above.
• Texas Driver Responsibility Program (Repealed): The Texas Driver Responsibility Program, which assessed surcharges for certain traffic offenses, has been repealed. However, if you have outstanding surcharges from before the repeal, you may still need to address them to reinstate your license.

Disclaimer: This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Oldham, Texas, it is essential to contact a qualified DUI attorney as soon as possible to protect your rights and your driving privileges.