Stephens County License Hearing Guide

Stephens DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

Being arrested for a DUI in Stephens, Texas can be a frightening experience. Beyond the criminal charges you're facing, there's a separate, administrative process that can lead to the suspension of your driver's license. This guide is designed to provide immediate, practical information about the license suspension process and the crucial Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is essential to potentially saving your driving privileges.

It's important to understand that the administrative process regarding your license is SEPARATE from your criminal DUI case. Even if your criminal case is ultimately dismissed, you could still face a license suspension through the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know. You have only 15 days from the date of your DUI arrest to request an ALR hearing. This deadline is non-negotiable, and missing it will result in an automatic suspension of your driver's license.

Where to Request: The hearing is requested through the Texas Department of Public Safety (DPS).

How to Request: You can request an ALR hearing in one of three ways:

• Online: Visit the Texas DPS website ([Search for "Texas DPS ALR Hearing Request"] - replace with the actual URL when available). This is often the quickest and most efficient method.
• Phone: Call the Texas DPS ALR Hearing office at . Be prepared to provide your driver's license number, date of birth, and other identifying information.
• Mail: Send a written request for an ALR hearing to:

Texas Department of Public Safety ALR Hearing Division

Your written request must include your full name, driver's license number, date of birth, current mailing address, and a clear statement requesting an ALR hearing regarding your DUI arrest on [Date of Arrest]. It's highly recommended to send your 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 an ALR hearing within 15 days of your arrest, your Texas driver's license will be automatically suspended. You will receive a notice from the DPS informing you of the suspension start date and duration. This suspension will take effect regardless of the outcome of your criminal DUI case.

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension can still occur depending 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 if the ALR hearing upholds the suspension. The length of the suspension for a first offense is typically .

• Temporary Permit: After your arrest, you should have received a temporary driving permit. This permit is valid until your ALR hearing date or until the date your suspension begins, whichever comes first.

If You Refused Testing

Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusing to take a breath or blood test carries a significantly harsher penalty than failing one.

• Refusal Penalty: If you refused to submit to a breath or blood test, your license will be suspended for a longer period, typically if the ALR hearing upholds the suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, meaning it is separate and distinct from the criminal court proceedings related to your DUI charge. The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient legal grounds to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly impact the outcome of your criminal DUI case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented by the DPS and you (or your attorney) to determine if the suspension is justified.
• Lower Burden of Proof: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to prove that it is more likely than not (preponderance of the evidence) that the arrest was lawful and that you either failed or refused a breath/blood test.

How to Prepare

Preparing for your ALR hearing is crucial to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Dashcam or bodycam footage (if available)
• Medical records
• Documentation challenging the accuracy of the breath/blood test
• Consider Hiring a DUI Attorney: A qualified DUI attorney can be invaluable in navigating the complexities of the ALR hearing process. They can help you:
• Understand your legal rights
• Gather and present evidence effectively
• Cross-examine witnesses
• Argue your case persuasively
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• Lack of reasonable suspicion for the initial traffic stop
• Lack of probable cause for the DUI arrest
• Improper administration of the breath/blood test
• Failure to advise you of your rights

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS had sufficient grounds to suspend your license, the suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not have sufficient grounds, 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.

Hardship/Restricted License in Texas (Occupational License)

Texas offers an Occupational License (also sometimes referred to as a Hardship License) to individuals whose licenses have been suspended. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: To be eligible for an Occupational License, you must meet certain requirements, including:
• Having a valid driver's license at the time of the DUI arrest (even if it's now suspended).
• Demonstrating a need to drive for essential purposes.
• Not having any other outstanding suspensions or revocations.
• What You Can Drive For: An Occupational License typically restricts you to driving for:
• Work
• School
• Essential household duties (e.g., grocery shopping)
• Medical appointments
• Costs and Application Process: The application process for an Occupational License involves filing a petition with the county court in the county where you reside or where the offense occurred (Stephens County in your case). There are court filing fees associated with the petition. You'll need to provide documentation supporting your need to drive.
• IID Requirement: Depending on the circumstances of your DUI, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of the Occupational License.

Getting Your License Back

After Criminal Case Concludes

Whether or not you are granted an occupational license, you will eventually need to reinstate your regular driver's license.

• Reinstatement Requirements: To reinstate your license after the suspension period ends, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of financial responsibility (SR-22 insurance).
• Complete any required DUI education classes or programs (as ordered by the court).
• Fees: As mentioned above, a reinstatement fee is required.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the Texas DPS. You will likely be required to maintain SR-22 insurance for a period of after your license is reinstated.
• Classes/Programs: The court may order you to complete a DUI education program or substance abuse treatment. Completion of these programs is often a requirement for license reinstatement.

Stephens DMV/DPS Offices

Unfortunately, there are no standalone DPS offices located directly within Stephens County, given its low population. You will likely need to travel to a neighboring county to conduct DPS business. Here are some options; please call to confirm hours and services before visiting:

• [Nearest DPS Office 1]: - [Phone Number] - [Hours of Operation]
• [Nearest DPS Office 2]: - [Phone Number] - [Hours of Operation]
• [Nearest DPS Office 3]: - [Phone Number] - [Hours of Operation]

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may order you to install an IID in your vehicle, particularly if you have a high BAC or a prior DUI conviction.
• Occupational License: This has been discussed in detail above.

Disclaimer: This guide provides general information only and is not intended as legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss the specific facts of your case and to obtain legal advice tailored to your individual circumstances. The laws and procedures related to DUI and license suspension can change, so it is important to stay informed and seek professional guidance.