Sutton County License Hearing Guide

Sutton DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Sutton, Texas? Time is of the essence. Your driver's license is at stake, and you need to act fast. This guide provides crucial information about the administrative license revocation (ALR) process in Sutton County following a DUI arrest and how to potentially save your driving privileges.

It's important to understand that your DUI arrest triggers two separate legal processes:

• Criminal Case: This deals with the DUI charge itself, with potential jail time, fines, and a criminal record.
• Administrative License Revocation (ALR): This is a civil process handled by the Texas Department of Public Safety (DPS) and focuses solely on whether your driver's license should be suspended.

This guide focuses on the ALR process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important piece of information you need to know right now. You have only 15 days from the date of your DUI 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:

You must request the hearing from 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. Search for "ALR Hearing Request" or "DUI License Suspension Hearing." The exact link may vary, so use the search function on their website.
• Phone: Call the Texas DPS Driver License Division. The number will be available on the DPS website. Be prepared to provide your driver's license number, date of birth, and other relevant information.
• Mail: Send a written request to the address provided on the DIC-24 form you received at the time of your arrest. If you don't have the DIC-24 form, you can find the correct address on the Texas DPS website. Your written request must include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your arrest
• The county where you were arrested (Sutton County)
• A clear statement that you are requesting an Administrative License Revocation (ALR) hearing.
• Your current mailing address.

What Happens If You Miss the Deadline (Automatic Suspension):

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. There are very few exceptions to this rule, so don't delay!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended 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, the following applies:

• BAC over 0.08: Your license will be suspended for [SPECIFIC SUSPENSION PERIOD - This will vary depending on any prior offenses. Research needed to confirm TX law for first offense]. This is before the criminal trial.
• Temporary Permit: You may have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the suspension begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

Refusing to submit to a breath or blood test carries a harsher penalty:

• Refusal Penalty: In Texas, refusing a breath or blood test typically results in a longer license suspension than failing the test. The suspension period is [SPECIFIC SUSPENSION PERIOD - Needs research to confirm TX law for first offense refusal].
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a critical step in defending your driving privileges after a DUI arrest. Remember:

• Separate From Criminal Court: This hearing is completely separate from the criminal case related to your DUI charge. The outcome of the ALR hearing will not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the Texas DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The standard of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence," meaning it's more likely than not that you were driving while intoxicated.

How to Prepare

Proper preparation is key to maximizing your chances of a favorable outcome at the ALR hearing:

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements (if anyone can attest to your sobriety)
• Video footage (if available from dashcams or surveillance cameras)
• Medical records (if you have a medical condition that could affect your BAC)
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can provide invaluable assistance. They can:
• Represent you at the hearing
• Cross-examine witnesses
• Argue legal points on your behalf
• Increase your chances of a successful outcome.
• 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 believe you were intoxicated
• The accuracy of the breath or blood test results
• Whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of three possible outcomes:

• Suspension Upheld: The DPS presents sufficient evidence, and your license is suspended.
• Suspension Overturned: The DPS fails to meet its burden of proof, and your license is not suspended.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted or "occupational" license, allowing you to drive for essential purposes.

• Eligibility Requirements: You typically need to demonstrate that the suspension causes a significant hardship, such as preventing you from getting to work, school, or medical appointments.
• What You Can Drive For: An occupational license typically restricts driving to essential activities like:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: The application process involves filing a petition with the court and paying associated fees. An attorney can help you navigate this process.
• IID Requirement: Depending on the circumstances of your DUI, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will likely need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required DUI education programs or community service.
• Fees: Expect to pay a reinstatement fee to the Texas DPS.
• 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: Texas requires DUI offenders to complete a DUI education program.

Sutton DMV Offices

Unfortunately, due to the extremely low population of Sutton County, there is likely no dedicated DMV office directly located within the county. You will need to travel to a neighboring county. Check the Texas DPS website (www.dps.texas.gov) for the nearest Driver License office. Search for "Driver License Office Locator."

[IMPORTANT: Insert link to TX DPS Driver License Office Locator here after verifying.]

Special Programs

• Ignition Interlock Device Program: As mentioned, you may be required to install an IID in your vehicle. This device requires you to blow into it before starting your car, and it prevents the vehicle from starting if alcohol is detected.
• Occupational License: Discussed above.
• Alcohol Education Program (DWI Education Program): Required for reinstatement after a DUI conviction.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Time is of the essence; contact an attorney today!