Scurry County License Hearing Guide

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

If you've just been arrested for Driving Under the Influence (DUI) in Scurry, Texas, you're likely feeling overwhelmed and uncertain about the future. One of your immediate concerns should be protecting your driving privileges. This guide provides critical information about license suspension procedures and the Administrative License Revocation (ALR) hearing process in Scurry County.

It's crucial to understand that the DUI case against you involves two separate legal processes: a criminal case in the Scurry County courts and an administrative process handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative process, which deals specifically with your driver's license. These processes operate independently, meaning you can be found not guilty in criminal court but still lose your license through the administrative process, and vice versa.

CRITICAL DEADLINE: Request a Hearing Within 15 Days!

This is the most important thing you need to know right now. After a DUI arrest in Scurry, you have only 15 days from the date of your arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license.

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

How to Request:

• Online: The fastest and most efficient way to request a hearing is online through the DPS website. Look for the "ALR Hearing Request" section. You will need your driver's license number and information from your arrest report.
• Phone: You can also request a hearing by calling the DPS at their designated ALR hearing request number. Check the DPS website for the current phone number, as it can change.
• Mail: While not recommended due to the strict deadline, you can mail a written request to the DPS. Ensure it's postmarked within the 15-day window. The address can be found on the DPS website or on the temporary driving permit you were likely given at the time of your arrest.

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. There are very few exceptions to this rule, so it's vital to act quickly. Missing this deadline can have serious consequences for your ability to get to work, school, medical appointments, and other essential activities.

Automatic License Suspension

Even if you request an ALR hearing, your license will be temporarily suspended until the hearing takes place. This suspension begins 40 days after your arrest. The length of the suspension depends on whether you took a breath or blood test and, if so, the result, or whether you refused to take a test.

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 to 1 year for a first offense. The specific length of the suspension will be determined at the ALR hearing or, if you don't request one, by the DPS.
• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is valid until either your ALR hearing date or the 40th day after your arrest, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty in Texas. If you refused testing, your license will be suspended for 180 days to 2 years for a first offense.
• 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 these penalties, even if you are ultimately found not guilty of the criminal DUI charge.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by an administrative law judge (ALJ) and its sole purpose is to determine whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.
• Decide If License Suspension Is Warranted: The ALJ will review evidence and testimony to determine if there was probable cause for the traffic stop, whether you were lawfully arrested, and whether your BAC was above the legal limit or you refused testing.
• 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 prove their case by a "preponderance of the evidence," meaning it's more likely than not that the allegations are true. This is a lower standard than "beyond a reasonable doubt," which is required in criminal court.

How to Prepare

Preparing for your ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other documentation that challenges the DPS's version of events.
• Consider Hiring a DUI Attorney: A qualified DUI attorney experienced in Scurry County can be invaluable in navigating the ALR process. They can help you gather evidence, prepare your case, and represent you at the hearing. They understand the intricacies of Texas DUI law and can effectively challenge the DPS's evidence.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the traffic stop.
• Whether there was probable cause to arrest you for DUI.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights regarding implied consent.

Possible Outcomes

The ALJ will issue a written decision after the hearing. Possible outcomes include:

• Suspension Upheld: The ALJ finds that the DPS has proven its case and upholds the suspension of your driver's license.
• Suspension Overturned: The ALJ finds that the DPS has not proven its case and overturns the suspension, allowing you to retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the ALJ may grant a restricted or hardship license, allowing you to drive for essential purposes (e.g., work, school, medical appointments) even while your license is suspended.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license, also known as a hardship license, in Texas.

• Eligibility Requirements: You must demonstrate that you need to drive for essential purposes, such as:
• Going to and from work.
• Traveling to and from school or job training.
• Attending essential medical appointments.
• Performing essential household duties.
• What You Can Drive For: An occupational license restricts your driving to only the essential purposes outlined in your application.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are court fees and application costs associated with obtaining an occupational license.
• IID Requirement: Depending on the circumstances of your DUI arrest and the length of your suspension, 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

After your license suspension period ends and after you have resolved your criminal case, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of completion of any required DUI education programs or community service.
• Comply with any court orders related to your criminal case.
• Fees: The reinstatement fee varies and is subject to change. Check the DPS website for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and the court's orders, you may be required to complete a DUI education program, alcohol awareness course, or other related programs.

Scurry DMV Offices

Unfortunately, Scurry is a small county and specific DMV/DPS office locations within the county may be limited. It's recommended to check the Texas DPS website for the nearest driver's license office. You may need to travel to a neighboring county.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, you may be required to install an IID in your vehicle as a condition of obtaining an occupational license or reinstating your license after a suspension.
• Occupational License: This has been discussed above.

This information is for general guidance only and should not be considered legal advice. It is highly recommended that you consult with a qualified DUI attorney in Scurry County, Texas, to discuss the specific circumstances of your case and protect your legal rights. Remember, acting quickly and understanding your rights is crucial to navigating the DUI process and minimizing the impact on your life.