Roberts County License Hearing Guide

Roberts DUI License Suspension & ALR Hearing

Being arrested for Driving Under the Influence (DUI) in Roberts, Texas is a stressful and confusing experience. You're likely worried about potential jail time, fines, and the impact on your life. However, one of the most immediate concerns is your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case and an administrative case. This guide focuses on the administrative side – specifically, how to fight the potential suspension of your driver's license after a DUI arrest in Roberts County.

The Texas Department of Public Safety (DPS) can suspend your license independent of the criminal case. This process is called an Administrative License Revocation (ALR) hearing. Think of it this way: even if you ultimately win your criminal DUI case, you could still lose your license through the ALR process if you don't 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 DUI arrest to request an ALR hearing. If you miss this deadline, your driver's license will be automatically suspended. No exceptions.

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

How to Request: You have a few options for requesting a hearing:

• Online: Visit the Texas DPS website (search for "Texas ALR Hearing Request"). You'll need your driver's license number and information from your DUI arrest report.
• Phone: Call the Texas DPS Driver License Division. You can find the appropriate phone number on the DPS website.
• Mail: Send a written request to the address specified on the DUI arrest paperwork you received. Important: Send the request via certified mail with return receipt requested. This provides proof that the DPS received your request before the deadline. Include your full name, date of birth, driver's license number, and the date of your arrest. Clearly state 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. The length of the suspension depends on whether you took a breath/blood test and, if so, the results.

Automatic License Suspension

The grounds for automatic suspension depend on whether you submitted to testing and 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 varies, but it's typically around 90 days for a first offense.
• Temporary Permit: The officer who arrested you likely issued a temporary driving permit. This permit is typically valid for 40 days, giving you time to request a hearing and potentially drive until the hearing date or the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, a first-time refusal typically results in a 180-day license suspension.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you've implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to take the test can result in an automatic license suspension, even if you're later acquitted of the DUI charges in criminal court.

The ALR/Administrative Hearing

An ALR hearing is your opportunity to challenge the suspension of your driver's license. It's crucial to understand what it is and how to prepare.

What It Is

• Separate from Criminal Court: The ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's 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 much lower standard than the "beyond a reasonable doubt" standard required for a conviction in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Start gathering any evidence that supports your case. This might include:
• Witness statements: If anyone saw you before or after the arrest and can attest to your sobriety.
• Video evidence: If any video footage exists (e.g., from a dashcam or security camera) that shows your driving or interaction with the police.
• Medical records: If you have any medical conditions that could have affected your performance on field sobriety tests.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in navigating the ALR process. An attorney can help you:
• Request and review evidence from the DPS.
• Prepare you for testimony.
• Present your case effectively at the hearing.
• Cross-examine witnesses.
• 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/blood test was administered properly.
• Whether the testing equipment was properly calibrated.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: The hearing officer rules in favor of the DPS, and your license is suspended.
• Suspension Overturned: The hearing officer rules in your favor, and your license suspension is rescinded. You can 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

A hardship license, also known as an occupational license, allows you to drive under specific circumstances even while your license is suspended.

• Eligibility Requirements: You must generally demonstrate that you need to drive for essential purposes, such as:
• Work
• School
• Medical appointments
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to your essential needs.
• Costs and Application Process: The application process involves filing a petition with the court and providing supporting documentation. There are also court fees associated with obtaining an occupational license. Consult with an attorney to ensure you meet all the requirements.
• IID Requirement: Depending on the circumstances of your DUI arrest, you may be required to install an ignition interlock device (IID) on your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Reinstating your driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You'll likely need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any court-ordered alcohol education programs or community service.
• Fees: The reinstatement fee varies but is generally a few hundred dollars.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility. This indicates to the state that you have adequate insurance coverage.
• Classes/Programs that Must Be Completed: The court may order you to complete alcohol education programs or community service as part of your criminal sentence. You must complete these requirements before your license can be reinstated.

Roberts DMV Offices

Unfortunately, Roberts County is a sparsely populated area and does not have a dedicated DPS office. The nearest DPS offices can be found in neighboring counties. It is best to check the Texas DPS website (www.dps.texas.gov) for the most up-to-date list of locations, hours, and services offered.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, you may be required to install an IID on your vehicle as a condition of obtaining an occupational license or reinstating your license after a DUI conviction.
• Occupational License: This program allows you to drive for essential purposes while your license is suspended.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Roberts, Texas. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your options. Time is of the essence, especially given the strict 15-day deadline to request an ALR hearing. Do not delay in seeking legal assistance.