Swisher County License Hearing Guide

Swisher DUI License Suspension & ALR Hearing

A DUI arrest in Swisher, Texas can be a frightening experience. Not only do you face potential criminal penalties, but your driving privileges are also immediately at risk. It's crucial to understand that the criminal case against you is separate from the administrative process that determines whether your driver's license will be suspended. This guide focuses on that administrative process and, most importantly, the critical deadlines you must meet to protect your driving privileges. Time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Swisher, the clock starts ticking immediately. 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.

Where to Request:

In Texas, you request the ALR hearing through the Texas Department of Public Safety (DPS).

How to Request:

You can request an ALR hearing through several methods:

• Online: Visit the Texas DPS website (www.dps.texas.gov) and search for "ALR Hearing Request." Follow the online instructions carefully. This is often the fastest and most efficient method.
• Mail: Send a written request to the Texas Department of Public Safety, Driver Improvement Services, P.O. Box 15999, Austin, TX 78761-5999. Your request MUST include your full name, date of birth, driver's license number, the date of your arrest, and a clear statement that you are requesting an ALR hearing.
• Fax: Fax your written request to the Texas DPS at (512) 424-2663. Again, ensure your request includes all the necessary information.

What Happens If You Miss the Deadline:

Missing the 15-day deadline is a critical error. If you fail to request an ALR hearing within the allotted time, your driver's license will be automatically suspended. You will lose your opportunity to challenge the suspension administratively. Don't let this happen! Act immediately.

Automatic License Suspension

Even if you request an ALR hearing, an automatic license suspension may 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 Concentration (BAC) was determined to be 0.08 or higher, your license will be suspended.

• BAC over 0.08: The suspension period for a first-time DUI offense with a BAC over 0.08 is typically 90 days.
• Temporary Permit: At the time of your arrest, you should have received a temporary driving permit. This permit is typically valid for 40 days, giving you time to request an ALR hearing. The temporary permit remains valid until the outcome of your ALR hearing or until the suspension period officially begins if you didn'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 significantly harsher penalty.

• Refusal Penalty: If you refused to take a breath or blood test, your license will be suspended for 180 days for a first offense.
• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for driving under the influence. Refusing to comply with this law results in the automatic license suspension outlined above.

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial to maximizing your chances of preventing a license suspension.

What It Is

The ALR hearing is a separate administrative proceeding conducted by the Texas DPS. It is not a criminal trial. The purpose of the hearing is to determine whether there was sufficient cause to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa. However, evidence presented at the ALR hearing can potentially be used in the criminal case.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if the arresting officer had probable cause to stop you, whether you were lawfully arrested, and whether your BAC was 0.08 or higher (or if you refused testing).
• Lower Burden of Proof than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show "preponderance of the evidence" (more likely than not) to justify the suspension, while a criminal trial requires "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, video footage (from dashcams or businesses), medical records, or any other documentation that contradicts the officer's account.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can significantly increase your chances of success. An attorney understands the legal procedures, knows what evidence to present, and can effectively cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the arrest and testing process, including the legality of the traffic stop, the accuracy of the breath/blood testing equipment, the officer's administration of the tests, and whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds that the DPS did not meet its burden of proof, and your license is not suspended. This is the best possible outcome.
• Restricted/Hardship License Granted: While not a complete win, the hearing officer might grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from work, school, or medical appointments). This is subject to certain eligibility requirements.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted or occupational license, allowing you to drive under specific circumstances.

• Eligibility Requirements: To be eligible, you typically need to demonstrate that the license suspension is causing undue hardship, such as preventing you from getting to work, school, or essential medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and other essential activities. The specific restrictions will be outlined in the court order granting the license.
• Costs and Application Process: Applying for a restricted license involves filing a petition with the court. There are associated court costs and attorney fees (if you hire an attorney). The process can be complex, so seeking legal guidance is recommended.
• IID Requirement: The court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license. An IID is a breathalyzer device connected to your vehicle's ignition system. You must blow into the device and register a BAC below a certain level (typically 0.02) before the vehicle will start.

Getting Your License Back

Even after the ALR process is completed, you will need to take specific steps to reinstate your driver's license after the suspension period ends.

After Criminal Case Concludes

The reinstatement process often begins only after your criminal case has concluded. The outcome of your criminal case may affect the length and terms of your license suspension.

• 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 required alcohol education programs or community service.
• Provide proof of SR-22 insurance (see below).
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state to prove that you have the minimum required liability insurance coverage. You will likely be required to maintain SR-22 insurance for a period of time after your license is reinstated, typically for two to three years.
• Classes/Programs That Must Be Completed: The court may order you to complete alcohol education programs, community service, or other requirements as part of your sentence. Completing these requirements is essential for reinstating your license.

Swisher DMV Offices

Unfortunately, Swisher County has no populated areas and thus no local DMV offices. The closest Texas Department of Public Safety (DPS) offices can be found in neighboring counties. Please consult the Texas DPS website (www.dps.texas.gov) for the most up-to-date locations and hours.

Special Programs

• Ignition Interlock Device Program: As mentioned earlier, an IID may be required for a restricted license or as part of your criminal sentence. The Texas DPS website provides a list of approved IID providers.
• Occupational License: An occupational license is a type of restricted license that allows you to drive for essential work purposes only.
• Texas specific programs: The Texas Department of Transportation (TxDOT) has a program called "Drive Clean Texas" (drivecleantexas.org). While not directly related to DUI, it offers resources related to safe driving practices.

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical. Act quickly to safeguard your driving privileges.