Reagan County License Hearing Guide

Reagan DUI License Suspension & ALR Hearing

(Your Guide to Saving Your License After a DUI Arrest in Reagan, Texas)

Being arrested for a DUI in Reagan, Texas, is a frightening experience. Besides the criminal charges you face, your driver's license is immediately at risk. It's crucial to understand that the process of suspending your license is separate from your criminal case. This process is called an Administrative License Revocation (ALR) hearing. Think of it as two battles: one for your freedom in criminal court, and another for your driving privileges with the Texas Department of Public Safety (DPS). This guide will walk you through the ALR process, helping you understand your rights and how to fight to keep your license. Time is of the essence, so read carefully and act quickly!

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an ALR hearing. If you miss this deadline, your license will automatically be suspended. No excuses. No exceptions.

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

How to Request: You have several options for requesting your ALR hearing:

• Online: The fastest and most recommended method is to request your hearing online through the Texas DPS website. Look for the "ALR Hearing Request" section.
• Phone: You can call the Texas DPS at the number provided on your temporary driving permit or search the Texas DPS website for their ALR hearing contact number. Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: You can send a written request for a hearing to the address provided on your temporary driving permit or found on the Texas DPS website. Ensure you send it certified mail with return receipt requested to prove you sent it on time. Your request should include your 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: Missing the 15-day deadline results in an automatic suspension of your driver's license. There is very little you can do to reverse this once the deadline has passed. Don't let this happen to you!

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension may still occur, pending the outcome of the hearing. The length and conditions of the suspension depend on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was over 0.08, you face a license suspension.

• BAC over 0.08: In Texas, if your BAC was over 0.08, you face a license suspension of 90 days for a first offense.
• Temporary Permit: The officer likely provided you with a temporary driving permit. This permit is typically valid for 40 days, giving you time to request the ALR hearing and potentially drive until the hearing occurs or the suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty in Texas.

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for suspicion of DUI. Refusal to do so results in administrative penalties, including license suspension.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your license. It's vital to understand what it is, how to prepare, and the possible outcomes.

What It Is

• Separate From Criminal Court: The ALR hearing is an administrative process conducted by the Texas DPS, separate from any criminal proceedings related to your DUI arrest. Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your 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 by a preponderance of the evidence (meaning more likely than not) that the suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements (e.g., from passengers or individuals who saw you before the arrest).
• Video evidence (e.g., dashcam footage, surveillance video).
• Medical records (if relevant, e.g., to explain a medical condition that might have affected your performance on field sobriety tests).
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly improve your chances of success. They understand the legal procedures, can effectively cross-examine witnesses, and present a compelling case on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was properly administered and the results are reliable.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing can have one of several 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 (also known as an Occupational License - see below), allowing you to drive for essential purposes.

Hardship/Restricted License in Texas (Occupational License)

If your license is suspended, you may be eligible for an Occupational License (OL), which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an OL in Texas, you must generally meet the following criteria:
• Your license must be suspended for a reason other than medical or mental incapacity.
• You must prove a need to drive for essential purposes, such as work, school, or medical appointments.
• You must not have had your license suspended for a similar offense within the past five years.
• What You Can Drive For: An OL typically restricts your driving to specific locations and times necessary for work, school, or essential medical appointments.
• Costs and Application Process: The application process for an OL involves:
• Filing a petition with the court in the county where you reside or where the offense occurred.
• Providing documentation to support your need for an OL.
• Obtaining a court order granting the OL.
• Submitting the court order and other required documents to the Texas DPS.
• Paying a reinstatement fee.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an OL.

Getting Your License Back

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

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a suspension as part of your criminal case.

• Reinstatement Requirements: To reinstate your license after a DUI suspension in Texas, you will generally need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (a certificate of financial responsibility).
• Complete any required alcohol education or treatment programs.
• Fees: Reinstatement fees vary but are typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS. It verifies that you have the minimum required liability insurance coverage. You may be required to maintain SR-22 insurance for several years after a DUI conviction.
• Classes/Programs That Must Be Completed: You may be required to complete a state-approved alcohol education program, such as a DWI Education Program or a DWI Intervention Program, as part of your DUI sentence.

Reagan DMV Offices

Unfortunately, Reagan County has no DMV office. The closest Texas DPS offices are likely in neighboring counties. Please consult the Texas DPS website (www.dps.texas.gov) for the most up-to-date list of locations and hours. You can also search online for "Texas DPS near me" to find the closest office.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of obtaining an Occupational License or as part of your criminal sentence. The IID requires you to provide a breath sample before starting your vehicle and periodically while driving.
• Occupational License: Already discussed above.
• State-Specific Programs: Texas offers various programs for individuals convicted of DUI, including alcohol education and treatment programs. Your attorney or the court can provide more information about these programs.

Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified Texas DUI attorney for specific guidance on your case. Time is of the essence, so act quickly to protect your driving privileges!