Tarrant County License Hearing Guide

Tarrant County DUI License Suspension & ALR Hearing

After a DUI arrest in Tarrant County, you face two separate but related legal battles: the criminal case and an administrative process regarding your driver's license. While the criminal case determines your guilt or innocence, the Administrative License Revocation (ALR) process determines whether your driving privileges will be suspended. Understanding this distinction is crucial, as the ALR process moves quickly and has strict deadlines. This guide provides immediate, practical guidance to help you navigate the ALR process and potentially save your driver's license.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Tarrant County, you have only 15 days from the date of your arrest to request an ALR hearing to contest the suspension of your driver's license. This is a hard deadline. Missing it results in an automatic license suspension. The Texas Department of Public Safety (DPS) handles these hearings.

**Where to Request:*You must request the hearing from the Texas DPS.

**How to Request:*While specific methods may vary, you can typically request an ALR hearing through one of the following ways:

• Online: The Texas DPS might offer an online portal to request a hearing.
• Phone: Contact the DPS directly to inquire about requesting a hearing by phone.
• Mail: Send a written request to the DPS office responsible for ALR hearings.

**What Happens If You Miss the Deadline:*Failure to request a hearing within 15 days results in the automatic suspension of your driver's license, typically effective on the 40th day after your arrest. This suspension occurs regardless of the outcome of your criminal case.

Automatic License Suspension

Your license can be automatically suspended based on two primary scenarios: failing a breath or blood test or refusing to submit to testing.

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 over the legal limit of 0.08, your license will be suspended under Texas law. The length of the suspension varies, but it is typically 90 days for a first offense.

Upon arrest, the officer should have provided you with a temporary driving permit. This permit is generally valid until the date of your ALR hearing or the effective date of the suspension if you waive your right to a hearing or fail to request one within the 15-day deadline.

If You Refused Testing

Under Texas's implied consent law, by driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for DUI. Refusing to submit to a test carries a longer suspension than failing one. The suspension for refusing a test is typically 180 days for a first offense.

The ALR/Administrative Hearing

The ALR hearing is a civil proceeding separate from your criminal case. It is conducted by the State Office of Administrative Hearings (SOAH) and determines whether sufficient evidence exists to support the suspension of your driver's license. The burden of proof in an ALR hearing is lower than in a criminal trial.

What It Is

The ALR hearing is not about proving your guilt or innocence of the DUI charge. It focuses on whether the following conditions were met:

• The officer had reasonable suspicion to stop you.
• Probable cause existed to believe you were driving under the influence.
• You were properly requested to submit to a breath or blood test (or that you refused).

How to Prepare

Preparing for your ALR hearing is crucial. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Consider Hiring a DUI Attorney: A DUI attorney can help you navigate the ALR process, present evidence, and cross-examine witnesses.
• Understand What You Can Challenge: You can challenge the legality of the stop, the validity of the breath or blood test results, or whether you were properly informed of your rights.

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: If the SOAH judge finds sufficient evidence to support the suspension, your license will be suspended.
• Suspension Overturned: If the judge finds insufficient evidence, the suspension will be lifted, and your driving privileges will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted license, allowing you to drive for essential purposes, even if your license is suspended.

Hardship/Restricted License in Texas law allows for the issuance of an occupational license (also known as a hardship license) under certain circumstances.

• Eligibility Requirements: You must demonstrate that your license suspension causes undue hardship and that you need to drive for essential purposes, such as work, school, or medical appointments.
• What You Can Drive For: An occupational license typically restricts you to driving for specific purposes and during certain hours.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court, providing supporting documentation, and paying applicable fees. Contact the Tarrant County Justice of the Peace Courts for details on the process.
• 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

Once your suspension period is over, you will need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Even if you win your criminal case, you still need to address the ALR suspension separately.

• Reinstatement Requirements: You will likely need to pay a reinstatement fee to the Texas DPS.
• Fees: Contact the DPS for the current reinstatement fee amount.
• 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: You may be required to complete a DUI education program or other court-ordered requirements before your license can be reinstated.

Tarrant County DMV Offices

The Texas Department of Motor Vehicles (TxDMV) has a Regional Service Center located in Fort Worth:

• Fort Worth Regional Service Center: 5300 East Loop 820, Fort Worth, TX 76119

You can also locate Driver License offices through the Texas Department of Public Safety (DPS).

Special Programs

• Ignition Interlock Device Program: If ordered by the court, you will be required to install and maintain an IID in your vehicle.
• Occupational License: As discussed above, you may be eligible for an occupational license to drive for essential purposes during your suspension.

Frequently Asked Questions

Q: How long will my license be suspended if I refuse a breath test in Tarrant County? A: For a first offense, refusing a breath or blood test typically results in a 180-day license suspension.

Q: Can I get a hardship license if my license is suspended for a DUI in Tarrant County? A: Yes, you may be eligible for an occupational license, allowing you to drive for essential purposes, such as work, school, or medical appointments. Contact the Tarrant County Justice of the Peace Courts for details.

Q: Where do I request an ALR hearing after a DUI arrest in Tarrant County? A: You must request the hearing from the Texas Department of Public Safety (DPS).