Somervell County License Hearing Guide

Somervell DUI License Suspension & ALR Hearing: Act Fast to Protect Your Driving Privileges

A DUI arrest in Somervell County, Texas, can trigger two separate legal processes: a criminal case in court 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 the automatic suspension of your driver's license. Time is of the essence! Understanding your rights and acting quickly is crucial to protecting your ability to drive.

The administrative process is separate from the criminal proceedings. Even if the criminal charges are dropped, your license can still be suspended administratively. Don't make the mistake of ignoring this critical aspect of your DUI arrest.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

Following your DUI arrest in Somervell 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 suspension of your driver's license.

Where to Request the Hearing:

You must request the hearing from the Texas Department of Public Safety (DPS).

How to Request the Hearing:

You can request the hearing in one of three ways:

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request"). This is often the quickest and easiest method.
• Phone: Call the Texas DPS at the number listed on the temporary driving permit you received at the time of your arrest. Be prepared to provide your driver's license information and details about your arrest.
• Mail: Send a written request to the address listed on your temporary driving permit. Make sure to send it via certified mail with return receipt requested to have proof that DPS received your request within the 15-day deadline.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. There is very little you can do to reverse this once the deadline has passed. Do not delay!

Automatic License Suspension

The Texas DPS will automatically attempt to suspend your driver's license following a DUI arrest. The length of the suspension depends on whether you took a breath or blood test and the results of that test, or if you refused to take a 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 for 90 days for a first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is valid until the date of your ALR hearing, or, if you don't request a hearing, until the automatic suspension begins.

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, a first-time refusal results in a license suspension of 180 days.
• Implied Consent Law in Texas: By driving on Texas roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusing to do so can result in administrative penalties, as described above.

The ALR/Administrative Hearing

The ALR hearing is your chance to fight the automatic suspension of your driver's license. It's a critical step in mitigating the consequences of a DUI arrest.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is completely separate from your criminal case. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The 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 DPS only needs to prove its case by a "preponderance of the evidence," which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: If possible, gather any evidence that could support your case, such as witness statements, video footage, or anything that contradicts the police officer's account of the events.
• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, present evidence on your behalf, and cross-examine the DPS's witnesses. Navigating the legal process can be complex, and an attorney can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge several 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 the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period (90 days for failing the test, 180 days for refusing).
• Suspension Overturned: If you successfully challenge the DPS's case, your license will not be suspended, and you can continue driving.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, which allows you to drive for essential purposes like work, school, or medical appointments. (See details below).

Hardship/Restricted License in Texas

Texas law allows for a restricted or "occupational" license under certain circumstances, even if your license is suspended.

• Eligibility Requirements: You are typically eligible for an occupational license if your license is suspended for a first-time DUI and you need to drive for essential purposes. There's often a waiting period before you can apply. Consult with a DUI attorney to determine your eligibility.
• What You Can Drive For: An occupational license typically allows you to drive to and from work, school, medical appointments, and essential household errands.
• Costs and Application Process: The application process involves filing a petition with the court, providing proof of your need to drive, and obtaining a court order. There are associated court costs and application fees.
• IID Requirement: Depending on the circumstances of your case, 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

After your suspension period is over and your criminal case concludes, you'll need to take steps to reinstate your driver's license.

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 court-ordered alcohol education programs or community service.
• File an SR-22 certificate of insurance (proof of financial responsibility) with the DPS.
• Fees: The reinstatement fee varies, so check with the Texas DPS for the current amount.
• SR-22 Insurance Requirement: An SR-22 is a certificate of financial responsibility required by the state for high-risk drivers. You will likely need to maintain SR-22 insurance for a period of time (usually 2-3 years) after your license is reinstated.
• 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 criminal sentence. Completing these programs is essential for reinstating your license.

Somervell DMV Offices

Unfortunately, Somervell County is a small county with no dedicated DPS office within its borders. You will likely need to travel to a neighboring county for in-person services. Check the Texas DPS website for the nearest location and hours of operation. Due to the small population of Somervell, it is important to check that the office is open before traveling.

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• Cleburne DPS Office: , [Hours] ]

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to continue driving with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: As described above, this license allows you to drive for essential purposes during a suspension.
• Texas DPS Programs: Check the Texas DPS website for any other state-specific programs that may be available to you.

Disclaimer: This information is for general guidance only and should not be considered legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Don't delay – your ability to drive depends on it!