Sterling County License Hearing Guide

Sterling DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Sterling, Texas? Your driver's license is immediately at risk, and you need to act fast! This guide provides critical information about license suspension and the Administrative License Revocation (ALR) hearing process in Sterling, Texas. Don't delay – your ability to drive depends on understanding these steps.

Your License After a DUI Arrest in Sterling

A DUI arrest in Sterling, Texas, triggers two separate legal processes: a criminal case and an administrative case. The criminal case addresses the DUI charge itself. The administrative case, handled by the Texas Department of Public Safety (DPS), focuses solely on your driving privileges. This guide covers the administrative process and how to fight for your right to drive. Even if you think you're guilty of DUI, you should still fight the ALR hearing to potentially reduce the period of suspension or obtain a restricted license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your arrest to request an ALR hearing. This is a strict deadline. Missing it automatically suspends your driver's license. No excuses. No exceptions.

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

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

• Online: Visit the Texas DPS website (search "Texas DPS ALR Hearing Request").
• Phone: Call the DPS at the number listed on the DIC-24 (Notice of Suspension) form you received from the arresting officer. Keep in mind that phone lines can be busy, so persist.
• Mail: Send a written request to the address provided on the DIC-24 form. Send it certified mail with return receipt requested so you have proof of timely submission. Your request should include:
• Your full name
• Your date of birth
• Your driver's license number
• The date of your arrest
• The county where you were arrested (Sterling County)
• A clear statement that you are requesting an ALR hearing.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. The length of the suspension depends on whether you submitted to a breath or blood test and whether the results were over the legal limit.

Automatic License Suspension

Whether your license is suspended automatically depends on if you submitted to a breath or blood test and if you refused to take one.

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 if it's your first offense.
• Temporary Permit: The arresting officer should have provided you with a temporary driving permit. This permit is typically valid for 40 days, giving you time to request an ALR hearing. The temporary permit is valid until the date of the ALR hearing or until the suspension begins if you don’t request a hearing.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty. 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've given your implied consent to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can lead to an automatic license suspension, regardless of whether you are ultimately convicted of DUI.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from your criminal DUI case. It's an administrative process conducted by the Texas DPS.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your license.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

• Gather Evidence: Gather any evidence that supports your case. This might include:
• Witness statements (if any witnesses were present during the traffic stop or arrest)
• Video footage (dashcam, bodycam, security footage)
• Medical records (if you have a medical condition that could affect your BAC reading or field sobriety test performance)
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly increase your chances of success. They understand the legal procedures, can effectively cross-examine witnesses, and present your case in the most favorable light.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the traffic stop
• Whether the officer had probable cause to arrest you for DUI
• The accuracy of the breath or blood test results
• Whether the officer properly administered the field sobriety tests
• Whether you were properly informed of your rights regarding chemical testing

Possible Outcomes

• Suspension Upheld: The DPS presents sufficient evidence, and your license suspension remains in effect.
• Suspension Overturned: The DPS fails to meet its burden of proof, and your license suspension is lifted.
• Restricted/Hardship License Granted: Even if the suspension is upheld, you may be eligible for a restricted license (also known as an occupational license) that allows you to drive for essential purposes.

Hardship/Restricted License in Texas

A hardship or restricted license allows you to drive for essential activities, such as going to work, school, or medical appointments, even while your license is suspended.

• Eligibility Requirements: To be eligible for an occupational license in Texas, you must:
• Have a valid Texas driver's license at the time of the DUI arrest.
• Prove a need to drive for essential purposes.
• Not have had your license suspended for certain offenses in the past.
• What You Can Drive For: Occupational licenses typically restrict driving to specific purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: You must petition a court in the county where you reside (or where the offense occurred) for an occupational license. The application process involves:
• Filing a petition with the court
• Providing evidence of your need to drive
• Obtaining SR-22 insurance
• Paying court fees
• IID Requirement: Depending on the circumstances of your DUI arrest and your driving 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, you must take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will likely need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance.
• Complete any court-ordered DUI education programs or community service.
• Fees: Reinstatement fees vary depending on the reason for the suspension. Contact the Texas DPS for current fee information.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required liability insurance coverage. You will likely need to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or community service as part of your sentence. You must complete these requirements before your license can be reinstated.

Sterling DMV Offices

Unfortunately, Sterling, Texas, is a small, unincorporated community and does not have its own dedicated DPS office. You will need to visit a DPS office in a neighboring town or city. Here are some nearby options:

• San Angelo DPS Driver License Office
• Address: 422 N. Chadbourne St., San Angelo, TX 76903
• Hours: Check the Texas DPS website for current hours.
• Big Spring DPS Driver License Office
• Address: 1801 E FM 700, Big Spring, TX 79720
• Hours: Check the Texas DPS website for current hours.

Always verify office hours and availability before visiting.

Special Programs

• Ignition Interlock Device Program: Texas has a robust IID program. If you are required to install an IID, you must use a DPS-approved vendor.
• Occupational License: As discussed above, an occupational license allows you to drive for essential purposes during your suspension.

Disclaimer: This guide provides general information about DUI license suspension and ALR hearings in Sterling, Texas. It is not a substitute for legal advice. Consult with a qualified DUI attorney to discuss your specific situation and legal options. The law is always subject to change.