Rockwall County License Hearing Guide

Rockwall DUI License Suspension & ALR Hearing: Don't Lose Your Driving Privileges!

A DUI arrest in Rockwall, Texas, can trigger two separate legal battles: a criminal case and an administrative case concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the Administrative License Revocation (ALR) hearing process. Time is of the essence! Your ability to drive could be on the line, so understand your rights and act quickly.

The criminal case will determine your guilt or innocence regarding the DUI charge. The administrative case, however, is about whether the Texas Department of Public Safety (DPS) has sufficient cause to suspend your driver's license. Even if you're confident in your criminal defense, you must address the ALR hearing separately.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important piece of information. You have only 15 days from the date of your DUI arrest to request an ALR hearing. Missing this deadline means your license will automatically be suspended, regardless of the outcome of your criminal case.

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

How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website and navigate to the ALR hearing request section. Search for "ALR Hearing Request Texas DPS" to find the correct page. Follow the online instructions carefully.
• Phone: Call the Texas DPS at the number provided on your temporary driving permit or arrest paperwork. Be prepared to provide your driver's license number, date of birth, and other identifying information. Important note: requesting by phone is strongly discouraged. Get confirmation in writing or online.
• Mail: Send a written request for a hearing to the address provided on your temporary driving permit or arrest paperwork. It's crucial to send it certified mail with return receipt requested to have proof that DPS received your request. Your written 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 (Rockwall)
• 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 automatically be suspended. There are very few exceptions to this rule. Don't risk it! Act now.

Automatic License Suspension

Depending on whether you took a breath or blood test and the results, or if you refused testing altogether, your license will be automatically suspended if you do not request a hearing, or if the hearing results in a 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 for 90 days for a first offense.
• Temporary Permit Valid Until Hearing or Suspension Begins: You will typically receive a temporary driving permit at the time of your arrest. This permit is valid for 40 days, allowing you to drive until your ALR hearing or the start of your suspension, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test results in a longer license suspension than failing the test. In Texas, a first-time refusal results in a 180-day license suspension.
• 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 to do so carries significant penalties, including the longer suspension period.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding conducted by the Texas DPS. It's not the same as your criminal DUI case. The purpose of the ALR hearing is to determine whether there was probable cause for your arrest and whether your license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice-versa. However, evidence presented at the ALR hearing may be relevant to your criminal defense.
• Decide if License Suspension is Warranted: The hearing officer will decide whether the DPS has proven, by a preponderance of the evidence (meaning more likely than not), that you were driving while intoxicated.
• 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 it's more likely than not you were intoxicated, whereas in a criminal trial, the prosecution must prove your guilt beyond a reasonable doubt.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case. This may include witness statements, dashcam footage, receipts showing what you ate and drank, or any other information that challenges the DPS's case.
• Consider Hiring a DUI Attorney: A Rockwall DUI attorney can represent you at the ALR hearing, cross-examine witnesses, and present evidence on your behalf. They understand the legal nuances of DUI cases and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were actually driving while intoxicated.

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, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for essential purposes.

Hardship/Restricted License in Texas (Occupational License)

Even if your license is suspended, you may be able to obtain an occupational license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must demonstrate that you need to drive for:

• Work

• School

• Essential household duties

• Medical appointments

• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to your work, school, or other essential activities.

• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, providing supporting documentation, and paying applicable fees. You will need to demonstrate to the court that you have no other means of transportation.

• 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 obtaining an occupational license.

Getting Your License Back

After Criminal Case Concludes

Once your criminal case is resolved (whether through a plea bargain, dismissal, or trial), you will need to take steps to reinstate your driver's license if it was suspended.

• Reinstatement Requirements: Reinstatement typically involves:

• Paying a reinstatement fee to the Texas DPS.

• Providing proof of SR-22 insurance (high-risk auto insurance).

• Completing any required DUI education programs or alcohol/drug treatment.

• Fees: The reinstatement fee varies but is typically around $125.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state for high-risk drivers, including those convicted of DUI.

• Classes/Programs That Must Be Completed: Depending on the terms of your criminal case, you may be required to complete a DUI education program or alcohol/drug treatment.

Rockwall DMV/DPS Offices

Unfortunately, there are no stand-alone Texas DPS offices located directly within Rockwall. The nearest DPS offices are typically located in neighboring cities. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information on locations and hours. You may need to travel to Greenville, Terrell, or Mesquite for DPS services.

Special Programs

• Ignition Interlock Device (IID) Program: The IID program requires individuals convicted of DUI to install a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As mentioned above, an occupational license allows you to drive for essential purposes during a license suspension.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. If you have been arrested for DUI in Rockwall, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Time is of the essence, especially regarding the 15-day deadline for requesting an ALR hearing. Don't delay – contact an attorney today!