Potter County License Hearing Guide

Potter DUI License Suspension & ALR Hearing

A DUI arrest in Potter, Texas can trigger serious consequences, including the suspension of your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case in court and an administrative process handled by the Texas Department of Public Safety (DPS) regarding your driving privileges. This guide focuses on the administrative side - specifically, how to fight a license suspension and what your options are. Your time to act is limited!

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Potter, 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. Missing this deadline means an automatic suspension will go into effect.

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

How to Request:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and navigate to the section on driver license suspensions and ALR hearings. Look for the online request form. You will likely need your driver's license number and information from your arrest paperwork.
• Phone: Call the Texas DPS Driver License Division. The specific number for ALR hearing requests can be found on the DPS website or by searching online for "Texas DPS ALR hearing request phone number." Be prepared to provide your driver's license number and details of your arrest.
• Mail: Send a written request to the Texas DPS. The address for ALR hearing requests can be found on the DPS website. Your request should include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The county where you were arrested (Potter County)
• A clear statement that you are requesting an ALR hearing

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will automatically be suspended. The length of the suspension depends on whether you took a breath/blood test and failed, or if you refused to take the test. Don't let this happen! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension is triggered by a DUI arrest. The ALR hearing is your opportunity to fight this suspension.

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 suspension period for a first offense is typically 90 days to 1 year. The exact length will depend on the specific circumstances of your case.
• Temporary Permit: After your arrest, you likely received a temporary driving permit. This permit is typically valid for 40 days (including the 15 days to request a hearing). It remains valid until your ALR hearing, or until the suspension officially begins if you don't request a hearing or if the suspension is upheld at the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty. In Texas, if you refuse testing, your license will be suspended for a longer period than if you took and failed the test. Expect a suspension period of 180 days to 2 years for a first offense refusal.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to a breath or blood test if lawfully arrested for suspicion of driving under the influence. Refusal to submit to a test can lead to the immediate suspension of your license, regardless of your actual BAC.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative process from the criminal DUI case. It is conducted by the Texas DPS and focuses solely on whether your driver's license should be suspended. It is not a criminal trial.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa. However, evidence presented at the ALR hearing can be used in the criminal case.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if there was probable cause for the traffic stop, whether you were lawfully arrested, and whether your BAC was over the legal limit or if you refused testing.
• Lower Burden of Proof: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court. This means it's easier for the DPS to win the ALR hearing than for the prosecution to win your criminal case.

How to Prepare

Preparing for your ALR hearing is essential to increasing your chances of keeping your license.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), medical records (if relevant), and any other documentation that might challenge the DPS's claims.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They understand the law, the procedures, and how to effectively present your case. They can also cross-examine the arresting officer and other witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the traffic stop (was there reasonable suspicion?)
• The probable cause for your arrest (did the officer have sufficient grounds to believe you were intoxicated?)
• The accuracy of the breath/blood test results (was the testing equipment properly calibrated? Was the test administered correctly?)
• Whether you were properly informed of your rights regarding the breath/blood test.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, the suspension will be overturned, and your license 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 (see below).

Hardship/Restricted License in Texas

A hardship or restricted license, also known as an Occupational License, allows you to drive for essential purposes, such as work, school, and medical appointments, even while your license is suspended.

• Eligibility Requirements: You must meet certain requirements to be eligible for an Occupational License. These typically include:
• Having a valid reason for needing to drive (e.g., employment, education, essential family needs).
• Not having any other outstanding suspensions or revocations.
• Not having been convicted of certain serious offenses.
• What You Can Drive For: An Occupational License typically restricts you to driving only for specific purposes, such as:
• Traveling to and from work
• Traveling to and from school or job training
• Traveling for essential medical appointments
• Performing essential household duties
• Costs and Application Process: Applying for an Occupational License involves filing a petition with the court, paying court fees, and obtaining a court order granting the license. You will then need to take the court order to the DPS to obtain the physical license.
• IID Requirement: Depending on the circumstances of your DUI arrest and your driving record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an Occupational License.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to fulfill certain requirements to reinstate your license, including:
• Paying a reinstatement fee to the DPS.
• Providing proof of SR-22 insurance (see below).
• Completing any court-ordered classes or programs (e.g., DWI education program).
• Fees: Expect to pay a reinstatement fee to the Texas DPS. The amount varies, so check the DPS website for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have liability insurance. You will likely be required to maintain SR-22 insurance for a period of time (usually 2-3 years) after a DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to complete a DWI education program, alcohol awareness course, or other similar programs as part of your sentence. You will need to provide proof of completion to the DPS to reinstate your license.

Potter DMV Offices

Please note that due to Potter County having no population, it is unlikely that there is a DMV office located within the county itself. You will need to travel to a nearby county.

To find the nearest Texas DPS Driver License office, please visit the Texas DPS website (www.dps.texas.gov) and use the office locator tool. You can search by city or zip code to find the closest location. Be sure to check the hours of operation before you go.

Special Programs

• Ignition Interlock Device Program: This program allows individuals convicted of DUI to drive with an IID installed in their vehicle. The IID requires the driver to blow into it to test their BAC before starting the vehicle.
• Occupational License: As discussed above, this allows you to drive for essential purposes during a suspension.
• Texas Department of Public Safety (DPS) Programs: Check the Texas DPS website for any other state-specific programs related to DUI and driver's license reinstatement.

Disclaimer: This guide provides general information only and is not intended as legal advice. If you have been arrested for DUI in Potter, Texas, it is crucial to consult with an experienced DUI attorney as soon as possible to protect your rights and explore your legal options. Remember the 15-day deadline to request an ALR hearing!