Smith County License Hearing Guide

Smith DUI License Suspension & ALR Hearing

Losing your driving privileges after a DUI arrest in Smith, Texas can be devastating. It impacts your ability to get to work, take care of family, and handle everyday errands. It's crucial to understand the immediate steps you need to take to protect your license. This guide provides practical information about the administrative process, specifically concerning your license suspension and the Administrative License Revocation (ALR) hearing. Remember, this process is separate from your criminal case, meaning you can lose your license administratively even if you are later found not guilty in court. Time is of the essence, so read carefully and act quickly.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following your DUI arrest in Smith, you have only 15 days from the date of the arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline results in an automatic suspension of your license. Don't delay!

Where to Request:

You must request the ALR 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 portal. This is often the fastest and most efficient method. Look for links related to "Driver License Reinstatement" or "ALR Hearings."
• Phone: Call the Texas DPS at their designated ALR hearing request number. You can find this number on the paperwork you received at the time of your arrest or on the DPS website. Be prepared for potential wait times.
• Mail: Send a written request to the Texas DPS headquarters. Include your full name, date of birth, driver's license number, date of arrest, and a clear statement that you are requesting an ALR hearing. Send it via certified mail with return receipt requested to ensure proof of delivery. Obtain the address from the DPS website.

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within the 15-day window, your driver's license will be automatically suspended. The length of the suspension depends on whether you took and failed a breath or blood test, or if you refused to take one. Don't let this happen! Act now!

Automatic License Suspension

The Texas DPS will automatically initiate a license suspension based on the circumstances of your DUI arrest.

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 should have received a temporary driving permit at the time of your arrest. This permit allows you to drive until the date of your ALR hearing, or if you don't request a hearing, until the suspension period begins.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a harsher penalty. Your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by operating a motor vehicle on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to comply with this law carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in fighting your license suspension. Understanding its purpose and how to prepare is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, completely separate from the criminal case related to your DUI charge. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to justify suspending 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 show by a "preponderance of the evidence" (more likely than not) that the suspension is justified.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): If you believe there were errors in the arrest process or the BAC testing, gather any evidence to support your claim. This may include witness statements, video footage (e.g., from dash cams or security cameras), or expert testimony.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Smith County can be invaluable in navigating the ALR hearing process. They can help you understand your rights, gather evidence, and present a strong case on your behalf. They understand the local courts and procedures.
• 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 breath or blood testing.
• Whether the breath or blood test was administered correctly and the results are accurate.

Possible Outcomes

• Suspension Upheld: If the DPS presents sufficient evidence and you are unable to successfully challenge their case, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's evidence, the 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.

Hardship/Restricted License in Texas

A hardship or restricted license allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: Eligibility requirements for a restricted license vary. Generally, you must demonstrate a need to drive for essential purposes such as work, school, or medical appointments. You usually have to wait a certain period into your suspension before applying.
• What You Can Drive For (Work, School, Medical): A restricted license typically specifies the purposes for which you are allowed to drive. Common reasons include commuting to and from work, attending school, and traveling to medical appointments.
• Costs and Application Process: The application process for a restricted license involves submitting an application to the court and paying a fee. Your attorney can guide you through this process.
• IID Requirement: Depending on the circumstances of your case, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over and you have met all reinstatement requirements, you can get your license back.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required alcohol education programs or community service.
• Meet any other requirements imposed by the court or the DPS.
• Fees: Reinstatement fees vary, so contact the Texas DPS 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: The court may order you to complete alcohol education classes, community service, or other programs as part of your sentence.

Smith DMV Offices

Unfortunately, I don't have specific information on Smith, Texas DPS offices. However, you can find the nearest Texas DPS office by searching online at the Texas Department of Public Safety website. Look for the "Driver License Office Locator" or similar tool. Be sure to confirm the hours of operation before visiting.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals to drive with a device installed in their vehicle that requires them to blow into it to start the car. The device prevents the vehicle from starting if alcohol is detected.
• Occupational License: An occupational license allows you to drive for essential work purposes even if your license is suspended.
• Any State-Specific Programs: The Texas DPS may offer other programs to assist individuals with suspended licenses. Check their website for the most up-to-date information.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Smith, Texas, to discuss the specific facts of your case and to receive personalized guidance. Remember, acting quickly and understanding your rights are crucial to protecting your driving privileges.