Shackelford County License Hearing Guide

Shackelford DUI License Suspension & ALR Hearing

A DUI arrest in Shackelford, Texas, can trigger two separate legal processes: a criminal case in the Shackelford County court system and an administrative license suspension handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative side – specifically, how to fight to keep your driver's license after a DUI arrest. It's crucial to understand that these are distinct processes, and winning your criminal case doesn't automatically restore your driving privileges if your license has been suspended administratively. This guide provides essential information relevant to Shackelford County and Texas state law.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest in Shackelford County, you have an extremely limited time to act to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This deadline is unforgiving. Missing it means your license will be automatically suspended.

Where to Request:

You request the ALR hearing through the Texas Department of Public Safety (DPS).

How to Request:

While the DPS may offer online or phone options in some instances, the safest and most recommended method is to send a written request via certified mail, return receipt requested. This provides you with proof that your request was received on time.

Your written request should include:

• Your full name
• Your date of birth
• Your driver's license number
• Your current mailing address
• A clear statement requesting an ALR hearing regarding your DUI arrest on [Date of Arrest] in Shackelford County, Texas.

Mail your request to:

Texas Department of Public Safety ALR Hearings P.O. Box 15999 Austin, TX 78761-5999

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your Texas driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly. Don't delay – start the process today.

Automatic License Suspension

The Texas Department of Public Safety (DPS) can automatically suspend your driver's license based on the circumstances of your DUI arrest. The grounds for suspension depend on whether you submitted to a breath or blood test and the results, or if you refused to take a test.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your blood alcohol concentration (BAC) was determined to be 0.08 or higher, your license will be suspended.

• BAC over 0.08: The suspension period for a first-time DUI offender is typically 90 days.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the suspension begins, whichever comes first.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty than failing the test.

• Refusal Penalty: If you refused to provide a breath or blood sample, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries automatic penalties, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to contest the suspension of your driver's license. It’s a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the DPS, completely separate from the criminal DUI case in Shackelford County court.
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS had sufficient legal grounds to suspend your 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 the evidence supports the suspension. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that might support your case, such as witness statements, video footage (if available), or documentation challenging the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings in Texas can provide invaluable assistance. They can help you understand the law, gather evidence, prepare your case, and represent you at the hearing.
• 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 you were properly informed of your rights regarding chemical testing.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.
• Suspension Overturned: If the DPS fails to prove its case, 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, allowing you to drive under certain circumstances (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), often referred to as a hardship or restricted license. This allows you to drive for essential purposes during the suspension period.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate a need to drive for:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: The ODL will specify the times and locations you are permitted to drive. It's crucial to adhere to these restrictions.
• Costs and Application Process: Applying for an ODL involves filing a petition with the court, obtaining a court order, and providing proof of insurance. There are associated court costs and attorney fees if you hire legal representation.
• IID Requirement: Depending on the circumstances of your DUI arrest, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an ODL.

Getting Your License Back

Once your suspension period is over (either after the ALR hearing or after the automatic suspension), you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

The outcome of your criminal DUI case can impact your license reinstatement requirements. Even if you win your criminal case, you still need to address the administrative suspension.

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the DPS.
• Provide proof of insurance.
• Complete any required alcohol education programs or community service.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time (usually two years).
• Classes/Programs that Must Be Completed: The court may order you to complete a DUI education program or alcohol awareness course as part of your sentence. Completing these programs is often a condition of license reinstatement.

Shackelford DMV Offices

Unfortunately, due to Shackelford County's extremely low population, there isn't a dedicated DPS office located directly within the county. Residents typically utilize DPS services in neighboring counties. Here are some options in surrounding areas:

• Texas DPS Driver License Office - Abilene (Taylor County):
• Texas DPS Driver License Office - Breckenridge (Stephens County):

Please verify the exact hours and location of these offices before visiting, as they are subject to change. Check the Texas DPS website (www.dps.texas.gov) for the most up-to-date information.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of obtaining an ODL or as part of your criminal sentence. This device requires you to blow into it before starting your vehicle, and it prevents the vehicle from starting if alcohol is detected.
• Occupational License: As discussed above, this is a restricted license that allows you to drive for essential purposes during a license suspension.
• Alcohol Education Programs: Completion of a state-approved alcohol education program is often required for DUI offenders.

This guide provides general information about DUI license suspensions and ALR hearings in Shackelford County, Texas. It is not a substitute for legal advice from a qualified attorney. If you have been arrested for DUI in Shackelford County, it is strongly recommended that you consult with an experienced DUI lawyer as soon as possible to protect your rights and driving privileges.