Shelby County License Hearing Guide

Shelby DUI License Suspension & ALR Hearing

A DUI arrest in Shelby, Texas, can trigger two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically how to fight the potential suspension of your driver's license. Understanding this process and acting quickly is crucial because failing to act within a strict 15-day deadline can result in an automatic license suspension.

Your License After a DUI Arrest in Shelby

It's important to understand that your DUI arrest triggers two separate legal battles. First, there's the criminal case in the Shelby County courts, where you face potential jail time, fines, and a criminal record. Second, there's an administrative process handled by the Texas Department of Public Safety (DPS), focused solely on your driver's license. This administrative process is completely separate from your criminal case, and the outcome of one doesn't automatically dictate the outcome of the other.

This guide is specifically about the administrative process and how to protect your driving privileges following a DUI arrest in Shelby, Texas. It's critical to understand the steps you need to take to request an Administrative License Revocation (ALR) hearing.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Texas, you have a very limited time to request an Administrative License Revocation (ALR) hearing to challenge the suspension of your driver's license. You MUST request this hearing within 15 days of your arrest. This deadline is strictly enforced, and missing it will result in an automatic suspension of your license.

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

• How to Request: You can request the hearing through one of the following methods:

• Online: The Texas DPS often allows online requests through their website. Check the DPS website for the most up-to-date instructions and forms. Search for "Texas DPS ALR Hearing Request".

• Mail: You can send a written request to the Texas DPS. It's highly recommended to send it via certified mail with return receipt requested to ensure proof of delivery. The address should be included in the paperwork you received at the time of your arrest. If you are unable to find this address, consult with a qualified attorney.

• Phone: While less common, some DPS offices may allow you to initiate the request by phone. However, it's strongly recommended to follow up with written confirmation to ensure your request is properly documented. Consult the Texas DPS website for current phone number information.

• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule. Don't delay; act immediately!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to suspension pending the outcome of the hearing. The reason for the suspension and its duration depend on whether you submitted to a breath or blood test and the results of that test, or if you refused to take the 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. The suspension period for a first offense is typically 90 days.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you likely received a temporary driving permit. This permit is valid until your ALR hearing or until the date your suspension is scheduled to begin, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, the suspension period for refusing a test is typically 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 (breath or blood) if lawfully arrested for DUI. Refusing to take the test can result in the automatic suspension described above.

The ALR/Administrative Hearing

Understanding the ALR hearing process is key to potentially saving your driver's license.

What It Is

• Separate from Criminal Court: As mentioned earlier, the ALR hearing is entirely separate from your criminal DUI case. The DPS conducts the hearing, not the Shelby County courts.

• Decide if License Suspension is Warranted: The sole 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 burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to prove by a "preponderance of the evidence" (more likely than not) that you were driving while intoxicated. This is a lower standard than "beyond a reasonable doubt," which is required in a criminal trial.

How to Prepare

Preparing effectively for your ALR hearing can significantly increase your chances of a favorable outcome.

• Gather Evidence: Gather any evidence that supports your case. This might include:

• Witness statements: If anyone can testify that you were not impaired, obtain a written statement from them.

• Video footage: Look for any dashcam footage or surveillance video that might be relevant.

• Medical records: If you have any medical conditions that could have affected your performance on field sobriety tests, gather your medical records.

• Consider Hiring a DUI Attorney: A DUI attorney experienced with Shelby County DUI cases can be invaluable. They can:

• Represent you at the ALR hearing.

• Subpoena witnesses.

• Cross-examine the arresting officer.

• Present legal arguments on your behalf.

• Navigate the complexities of the ALR process.

• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you.

• Whether the breath or blood test was administered properly.

• The accuracy of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: The hearing officer may uphold the suspension, meaning your license will be suspended for the period determined by Texas law (90 days for failing a test, 180 days for refusing).

• Suspension Overturned: If the hearing officer finds that the DPS did not meet 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, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

A hardship or restricted license allows you to drive for essential purposes, such as work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: Eligibility requirements vary and may include demonstrating a need to drive for work, school, or essential family needs.

• What You Can Drive For: Typically, a restricted license allows you to drive only for specific purposes, such as driving to and from work, school, medical appointments, or essential household errands.

• Costs and Application Process: The application process involves completing an application form, paying a fee, and providing documentation to support your need for a restricted license. Contact the Texas DPS for the most current information.

• IID Requirement: In some cases, obtaining a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Even after your ALR hearing and potential suspension, you will need to take specific steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: The reinstatement requirements will depend on the outcome of your criminal case and the terms of any plea agreement.

• Fees: You will likely have to pay a reinstatement fee to the Texas DPS.

• 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: You may be required to complete a DUI education program or other court-ordered programs.

Shelby DMV Offices

Unfortunately, detailed local Shelby DMV/DPS office information is unavailable at this time. Please consult the Texas Department of Public Safety website (www.dps.texas.gov) for the most up-to-date information, including addresses, phone numbers, and hours of operation for nearby DPS offices. Consider searching for offices in neighboring counties if Shelby County itself does not have a dedicated DPS location.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, the IID program allows you to drive with a device installed in your vehicle that requires you to blow into it to start the car and periodically while driving. This program is often a requirement for restricted licenses or as part of a plea agreement in a DUI case.

• Occupational License: An occupational license is a type of restricted license that allows you to drive for essential work-related purposes.

• State-Specific Programs: Texas may offer other programs related to DUI offenses, such as deferred adjudication or pre-trial diversion programs. Consult with a qualified attorney to determine if you are eligible for any of these programs.

Disclaimer: This guide provides general information and should not be considered legal advice. If you have been arrested for DUI in Shelby, Texas, it is essential to consult with a qualified DUI attorney as soon as possible. An attorney can advise you on your legal rights and options and represent you in court and at your ALR hearing.