Parker County License Hearing Guide

Parker DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

Being arrested for a DUI in Parker, Texas, can be a frightening and confusing experience. Beyond the criminal charges, you're also facing a separate administrative process that could result in the suspension of your driver's license. It's vital to understand that these are two distinct cases, and your driver's license suspension is handled by the Texas Department of Public Safety (DPS), separate from the criminal court proceedings. This guide is designed to help you navigate the administrative side of a DUI arrest in Parker and understand how to protect your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days!

Time is of the essence! After a DUI arrest in Parker, you have a very limited window to request an Administrative License Revocation (ALR) hearing. You MUST request this hearing within 15 days of your arrest. This hearing gives you the opportunity to contest the potential suspension of your driver's license.

Where to Request: The request must be submitted to the Texas Department of Public Safety (DPS).

How to Request:

• Online: The DPS provides an online portal for requesting ALR hearings. Visit the DPS website (search "Texas DPS ALR Hearing Request").
• Mail: You can mail a written request to the address provided on your temporary driving permit or search online for the correct DPS address for ALR hearing requests. Ensure the request is postmarked within 15 days of your arrest.
• Phone: While not recommended as the primary method due to potential delays and documentation issues, you may be able to initiate the process by phone. However, you'll likely need to follow up with a written request. Check the DPS website for the correct phone number.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act immediately!

Automatic License Suspension

Regardless of the outcome of your criminal case, the DPS can suspend your license administratively based on the circumstances of your arrest.

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: The temporary driving permit you received at the time of your arrest is typically valid for 40 days, allowing you to drive until your ALR hearing or the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a stricter penalty than failing the test. In Texas, refusing testing will result in a license suspension of 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal can have serious consequences.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: This is a completely separate process from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides If License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending your license.
• 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 show "preponderance of the evidence" (more likely than not) that you were driving while intoxicated.

How to Prepare

• Gather Evidence: Collect any evidence that might support your case, such as witness statements, dashcam footage, or any other documentation that contradicts the police report.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand your rights, gather evidence, and represent you at the hearing. They understand the intricacies of Texas DUI law and the ALR process.
• Understand What You Can Challenge: You can challenge various aspects of the arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the suspension. Your license will be suspended for the appropriate period.
• Suspension Overturned: The hearing officer finds insufficient evidence to support the suspension. Your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, 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 a restricted license, also known as an Occupational Driver's License (ODL), which allows you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL typically restricts you to driving for specific purposes and during certain hours.
• Costs and Application Process: You must file a petition with the court in the county where you reside or where the offense occurred. There are court fees associated with the application. You will need to provide documentation supporting your need for the ODL.
• IID Requirement: Depending on the circumstances of your case, the court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of the ODL.

Getting Your License Back

Once your suspension period is over and you have met all requirements, you can reinstate your driver's license.

After Criminal Case Concludes

The reinstatement process may depend on the outcome of your criminal case.

• Reinstatement Requirements: You will likely need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of SR-22 insurance (see below).
• Complete any court-ordered classes or programs (e.g., DWI Education Program).
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that demonstrates you have the minimum liability insurance coverage required by Texas law. You may be required to maintain SR-22 insurance for a period of time after your DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI Education Program or a community service requirement.

Parker DMV/DPS Offices

Unfortunately, there is no DPS office directly in Parker. Here are the closest DPS locations:

• Weatherford DPS Driver License Office: 1605 Santa Fe Dr, Weatherford, TX 76086. Hours vary - check the DPS website for current hours.
• Fort Worth Mega Center DPS: 8301 Will Rogers Blvd, Fort Worth, TX 76140. (This is a larger facility, but may involve a longer drive). Hours vary - check the DPS website for current hours.

Important: Always confirm hours of operation before visiting a DPS office, as they can change.

Special Programs

• Ignition Interlock Device (IID) Program: The IID program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As discussed above, this allows you to drive for essential purposes.

Being arrested for DUI in Parker, Texas, is a serious matter. Understanding your rights and acting quickly to protect your driving privileges is crucial. Don't delay – contact a qualified DUI attorney immediately to discuss your case and ensure you meet the critical 15-day deadline for requesting an ALR hearing.