Sherman County License Hearing Guide

Sherman DUI License Suspension & ALR Hearing

A DUI arrest in Sherman, Texas can be a frightening experience. Beyond the criminal charges, you also face the immediate threat of losing your driver's license. It's crucial to understand that losing your license is handled in a separate process from your criminal case. This is called an Administrative License Revocation (ALR) proceeding, and it's essential to act fast to protect your driving privileges. This guide will walk you through the ALR process in Sherman, Texas, providing the critical information you need to understand your rights and fight for your license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest in Sherman, you have a VERY LIMITED TIME to act. You must request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license.

• Where to Request: You request this hearing through the Texas Department of Public Safety (DPS).

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

• Online: Visit the Texas DPS website and navigate to the ALR hearing request section.

• Phone: Contact the Texas DPS at their designated ALR hearing request number (check the DPS website for the most up-to-date number). Be prepared to provide your driver's license information and details about your arrest.

• Mail: Send a written request to the Texas DPS at the address provided on the temporary driving permit you received after your arrest. Your request must include your full name, date of birth, driver's license number, mailing address, and a clear statement requesting an ALR hearing. It's highly recommended to send this request via certified mail with return receipt requested to ensure proof of timely submission.

• What Happens if You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your Texas driver's license will automatically be suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license might still be subject to an automatic suspension, pending the outcome of the hearing. The reasons for this suspension depend on whether you submitted to a breath or blood 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 length of the suspension depends on your prior record, but typically it is 90 days for a first offense.
• Temporary Permit: The temporary driving permit you received after your arrest is valid until the date of your ALR hearing or the start date of the suspension, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Texas, refusing testing usually results in a 180-day suspension for a first offense.
• Implied Consent Law in Texas: Texas has an implied consent law, meaning that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing to do so can lead to the automatic suspension described above, regardless of your actual BAC.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver's license. Understanding the process is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding, completely separate from the criminal DUI case. The outcome of the ALR hearing does not necessarily determine the outcome of the criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient grounds to suspend your driver's license.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence," meaning it is more likely than not that the suspension is justified.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video recordings (if available), documentation of any medical conditions that could have affected your BAC, or evidence of errors in the testing procedure.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can be invaluable. They can help you understand your rights, gather evidence, prepare your case, and represent you at the hearing. They understand the nuances of Texas DUI law and can significantly improve your chances of a favorable outcome.

• Understand What You Can Challenge: You can challenge various aspects of the 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 or blood test was properly administered and the results are accurate.

• Whether you were properly informed of your rights and the consequences of refusing to take a breath or blood test.

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 (see below).

Hardship/Restricted License in Texas

If your license is suspended, you may be eligible for an occupational license, also known as a hardship license. This allows you to drive for essential purposes while your license is suspended.

• Eligibility Requirements: To be eligible for an occupational license in Texas, you must demonstrate that you need to drive for essential purposes, such as:
• 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 the essential purposes listed above.
• Costs and Application Process: The application process involves filing a petition with the court, providing evidence of your need to drive, and paying the required fees. You will likely need to provide proof of SR-22 insurance.
• IID Requirement: Depending on the circumstances of your DUI arrest and prior record, 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

Once your suspension period is over (either after the ALR hearing or the criminal case), you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: The specific requirements for reinstatement vary depending on the outcome of your criminal case and the terms of your suspension. Generally, you will need to:
• Pay a reinstatement fee to the Texas DPS.
• Show proof of SR-22 insurance (if required).
• Complete any required alcohol education classes or community service.
• Fees: The reinstatement fee can vary, so check the Texas DPS website for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage in Texas. You may be required to maintain SR-22 insurance for a specified period, typically two to three years, after a DUI conviction.
• Classes/Programs that Must Be Completed: The court may order you to complete an alcohol education program or community service as part of your DUI sentence. You must complete these requirements before your license can be reinstated.

Sherman DMV Offices

Since Sherman has no population, the nearest DMV office to handle your reinstatement will be in a neighboring town. Please check the Texas DPS website for the most accurate and up-to-date information on locations and hours.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of obtaining an occupational license or as part of your DUI sentence.
• Occupational License: The process for obtaining an occupational license is described above.

This information is for general guidance only and does not constitute legal advice. Given the complexities of Texas DUI law and the strict deadlines involved, it is highly recommended that you consult with a qualified DUI attorney in Sherman or a neighboring city as soon as possible to protect your rights and your driving privileges.