Smith County License Hearing Guide

Smith County DUI License Suspension & ALR Hearing

After a Driving While Intoxicated (DWI) arrest in Smith County, you face two separate but related legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically how to potentially save your driver's license. The administrative process is handled by the Texas Department of Public Safety (DPS) and is separate from the criminal court proceedings. Even if your criminal case is dismissed, your license can still be suspended through this administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DWI arrest in Smith County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license.

You must request this hearing from the Texas Department of Public Safety (DPS). If you fail to request a hearing within this 15-day window, your license will be automatically suspended.

To request an ALR hearing, you can use the following methods:

• Online: (If available - check the official Texas DPS website)
• Mail: Send a written request to the Texas Department of Public Safety (address available on the DIC-25 form you received at the time of arrest).
• Phone: (If available - check the official Texas DPS website).

Your request should include your name, date of birth, driver's license number, and a clear statement that you are requesting an ALR hearing regarding your recent DWI arrest.

If you miss the 15-day deadline, your driver's license will be automatically suspended, and you will lose your opportunity to challenge the suspension through the ALR hearing process.

Automatic License Suspension

Even before your criminal case is resolved, your driver's license can be automatically suspended based on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license will be suspended. The length of the suspension varies according to Texas law. The temporary driving permit you received (DIC-25 form) is valid until the ALR hearing outcome or the start of the suspension period.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DWI. Refusal to submit to testing carries a longer license suspension than failing a test. Refusal to submit to a breath or blood test will result in an administrative license suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding separate from your criminal DWI case. It is conducted by an administrative law judge, not a criminal court judge. The purpose of the hearing is to determine whether sufficient evidence exists to suspend your driver's license.

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 elements for suspension are met.

How to Prepare

Preparation is crucial for a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or expert testimony.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including the validity of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results.

Possible Outcomes

The ALR hearing can have several outcomes:

• Suspension Upheld: If the administrative law judge finds sufficient evidence, your license suspension will be upheld.
• Suspension Overturned: If the judge finds that the DPS did not meet its burden of proof, your license suspension will be overturned, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or occupational license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas law allows for the issuance of restricted or occupational licenses under certain circumstances. To be eligible, you must meet specific requirements, which may include:

• Having your license suspended for specific reasons.
• Needing to drive for essential purposes (work, school, medical).
• Completing a substance abuse education program.

A restricted license allows you to drive for specific purposes, such as traveling to and from work, school, or medical appointments. There are costs and an application process associated with obtaining a restricted license. An Ignition Interlock Device (IID) may be required as a condition of the restricted license.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you will still need to take action to fully reinstate your license after your criminal case concludes. Reinstatement requirements vary depending on the outcome of your criminal case and the terms of any plea agreement.

Typical reinstatement requirements include:

• Paying reinstatement fees to the Texas DPS.
• Filing proof of SR-22 insurance with the DPS.
• Completing any required alcohol education programs or community service.

Smith County DMV Offices

Smith County does not have a dedicated DMV office, you must visit the Texas Department of Public Safety office.

Special Programs

• Ignition Interlock Device (IID) Program: Texas law requires IIDs for certain DWI offenses.
• Occupational License: As mentioned above, this allows limited driving privileges.

Frequently Asked Questions

Q: How long will my license be suspended for a first-time DWI in Smith County if I refuse the breath test? A: Refusing a breath test results in a longer suspension period than failing one.

Q: Can I get a hardship license immediately after my DWI arrest in Smith County? A: There are waiting periods and specific requirements to be met before you can apply for a hardship license.

Q: Does Smith County offer any diversion programs that could help me avoid a license suspension? A: Smith County operates the Smith County Misdemeanor Recovery Court for offenders demonstrating chronic substance abuse issues, or those facing their second DWI, which is a diversionary program.