Terrell County License Hearing Guide

Terrell County DUI License Suspension & ALR Hearing

**(dui.guide - Your Guide to Navigating a DUI in Texas)*A DUI arrest in Terrell County, Texas, triggers two separate legal processes: a criminal case and an administrative license suspension. While the criminal case deals with the DUI charges in court, the administrative process, handled by the Texas Department of Public Safety (DPS), determines whether your driver's license will be suspended. Understanding this distinction is crucial, as the outcome of one process doesn't automatically determine the outcome of the other. This guide focuses on the administrative license suspension and the steps you must take to protect your driving privileges in Terrell County.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a very limited time to act to potentially save your license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest. This is a non-negotiable deadline. Missing it will result in the automatic suspension of your driver's license.

• Where to Request: You must request the ALR hearing from the Texas Department of Public Safety (DPS).
• How to Request: You can request the hearing by mail.
• What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There is no appeal or extension. The suspension will begin 40 days after your arrest.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension based 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. The length of the suspension depends on your driving history:

• First Offense: The suspension period is typically 90 days to 1 year.
• Subsequent Offenses: The suspension period increases with each subsequent DUI conviction.

Upon arrest, you are typically issued a temporary driving permit that is valid until the ALR hearing or until the suspension period begins (40 days after arrest if no hearing is requested).

If You Refused Testing

Under Texas's implied consent law, TX law §724.011, by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if requested by a law enforcement officer who has reasonable suspicion to believe you are driving under the influence. Refusing to take a breath or blood test carries a longer suspension period than failing the test:

• First Offense Refusal: The license suspension period is typically 180 days.
• Subsequent Refusal: The license suspension period can be up to 2 years.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the Texas DPS to determine whether sufficient evidence exists to suspend your driver's license. The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for an ALR hearing is crucial to increasing your chances of retaining your driving privileges. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), or any documentation that contradicts the police report.
• Consider Hiring a DUI Attorney: A DUI attorney can represent you at the ALR hearing, present evidence on your behalf, cross-examine witnesses, and argue your case to the hearing officer.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were properly informed of your rights regarding breath or blood testing.
• The accuracy and reliability of the breath or blood test results.

Possible Outcomes

The ALR hearing can have one of several outcomes:

• Suspension Upheld: If the hearing officer determines that the DPS has presented sufficient evidence to justify the suspension, your license will be suspended.
• Suspension Overturned: If the hearing officer determines that the DPS has not met its burden of proof, your license will not be suspended.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an occupational license, which allows you to drive for essential purposes.

• Eligibility Requirements: To be eligible for an occupational license, you must demonstrate that you need to drive for essential purposes, such as work, school, or medical appointments, and that you have no other means of transportation.
• What You Can Drive For: An occupational license typically allows you to drive only for essential purposes, such as getting to and from work, school, or medical appointments.
• Costs and Application Process: The cost of an occupational license varies, and the application process can be complex. You will need to file a petition with the court and provide documentation to support your need for the license.
• IID Requirement: Depending on the circumstances of your case, 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

Once your suspension period has ended, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

Reinstatement requirements vary.

• Reinstatement Requirements: You will typically need to pay a reinstatement fee to the Texas DPS.
• Fees: Check with 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 period of time.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other classes as a condition of reinstatement.

Terrell County DMV Offices

Here are the local DMV/DPS offices that may be relevant to residents of Terrell County:

• Texas Department of Public Safety
• Address: 604 TX-8, Linden, TX 75563
• Phone: (903) 756-8452
• Hours: Monday: 8 AM to 12 PM, 1 to 5 PM; Tuesday: 8 AM to 12 PM, 1 to 5 PM; Wednesday: 8 AM to 12 PM, 1 to 5 PM; Thursday: 8 AM to 12 PM, 1 to 5 PM; Friday: 8 AM to 12 PM, 1 to 4:30 PM; Saturday: Closed; Sunday: Closed
• dmv office
• Address: 111 Tejas Dr, Terrell, TX 75160
• Terrell County DMV
• Address: 105 E Hackberry St, Sanderson, TX 79848
• Phone: (432) 345-2499
• Hours: Monday: 8 AM to 5 PM; Tuesday: 8 AM to 5 PM; Wednesday: 8 AM to 5 PM; Thursday: 8 AM to 5 PM; Friday: 8 AM to 5 PM; Saturday: Closed; Sunday: Closed

Special Programs

• Ignition Interlock Device Program: The Texas Ignition Interlock Device Program allows individuals with a suspended license to drive with an IID installed in their vehicle.
• Occupational License: As mentioned earlier, an occupational license allows you to drive for essential purposes while your license is suspended.

This guide provides a general overview of the license suspension process in Terrell County, Texas. It is crucial to consult with a qualified DUI attorney to discuss the specific details of your case and protect your rights.

Frequently Asked Questions

Q: How long do I have to request an ALR hearing in Terrell County? A: You have only 15 days from the date of your arrest to request an ALR hearing. This deadline is strictly enforced.

Q: Where do I request an ALR hearing if I was arrested in Terrell County? A: You must request the ALR hearing from the Texas Department of Public Safety (DPS).

Q: If my criminal DUI case is dismissed in Terrell County, will my license automatically be reinstated? A: No. The administrative license suspension process is separate from the criminal case. Even if your criminal case is dismissed, you will still need to address the administrative suspension with the DPS.