Terrell County License Hearing Guide

Terrell DUI License Suspension & ALR Hearing: Protect Your Driving Privileges Now!

Being arrested for a DUI in Terrell, Texas, is a stressful and overwhelming experience. You're likely worried about the criminal charges, but it's crucial to understand that your driver's license is at risk immediately, even before the criminal case is resolved. This guide focuses specifically on the administrative process related to your license suspension, separate from the criminal court proceedings. We'll walk you through the critical deadlines and steps you need to take to protect your driving privileges. Time is of the essence!

Your License After a DUI Arrest in Terrell

Following a DUI arrest in Terrell, the Texas Department of Public Safety (DPS) initiates a separate administrative process that can lead to the suspension of your driver's license. This process is entirely independent of the criminal case against you. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the administrative process. Understanding this separation is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the most important takeaway from this guide: You only have 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing! Missing this deadline automatically suspends your driver's license. No excuses.

Where to Request: The request must be submitted to the Texas Department of Public Safety (DPS).

How to Request: You can request an ALR hearing through one of the following methods:

• Online: Visit the Texas DPS website and navigate to the section on ALR hearings. Look for an online submission form.
• Phone: Contact the Texas DPS at the designated ALR hearing request phone number (check the DPS website for the most current number). Be prepared to provide your driver's license number and other identifying information.
• Mail: Send a written request for an ALR hearing to the address specified on the DIC-25 form (the Notice of Suspension form you should have received at the time of your arrest). Important: Send it certified mail, return receipt requested, so you have proof of timely submission.

What to Include in Your Written Request (if mailing):

• Your full name
• Your date of birth
• Your driver's license number
• The date of your arrest
• The county where you were arrested (Terrell County)
• A clear statement requesting an ALR hearing

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule. Don't risk it! Act now.

Automatic License Suspension

The reason for requesting an ALR hearing is to challenge the automatic suspension that is triggered by your DUI arrest. The grounds for suspension depend on whether you took a breath or blood test, and if so, the results.

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. The length of the suspension varies based on prior offenses. For a first offense, the suspension period is typically 90 days to one year.

• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is typically valid for 40 days and allows you to drive until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing one. 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 have implicitly consented to submit to breath or blood tests if lawfully arrested for DUI. Refusal to submit to testing can result in administrative penalties, as described above.

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: Again, this is a completely separate proceeding from your criminal case.
• 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 must only prove by a preponderance of the evidence (more likely than not) that the suspension is justified. This is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that could support your case, such as:
• Witness statements regarding your driving or sobriety.
• Video footage (if available) of your interaction with law enforcement.
• Medical records that might explain a high BAC reading.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can represent you at the ALR hearing, gather evidence, cross-examine witnesses, and present a strong defense on your behalf. While you can represent yourself, having legal counsel significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: Common challenges include:
• Lack of probable cause for the initial traffic stop.
• Improper administration of the breath or blood test.
• Failure to properly advise you of your rights.
• Chain of custody issues with the blood sample.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period (90 days to one year for BAC over 0.08, 180 days for refusal).
• Suspension Overturned: If the DPS fails to meet its burden of proof, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (discussed below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a restricted license, also known as an occupational license, allowing you to drive for essential purposes.

• Eligibility Requirements: You must meet certain requirements to be eligible, including:
• Having a valid Texas driver's license at the time of the arrest.
• Not having any other suspensions or revocations on your record.
• Demonstrating a need to drive for essential purposes.
• What You Can Drive For: Occupational licenses typically allow driving for:
• Work
• School
• Essential household duties
• Medical appointments
• Costs and Application Process: The application process involves filing a petition with the court and obtaining a court order granting the occupational license. There are associated court fees.
• 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 the occupational license.

Getting Your License Back

After Criminal Case Concludes

The outcome of your criminal case can also affect your driving privileges.

• Reinstatement Requirements: Once your suspension period is over (whether from the ALR process or the criminal case), you will need to meet certain reinstatement requirements to get your license back.
• Fees: There is a reinstatement fee to pay to the DPS.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance for a period of time. This is a certificate of financial responsibility that demonstrates you have the minimum required liability insurance.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or other classes as a condition of probation or license reinstatement.

Terrell DMV Offices

Unfortunately, Terrell County has no population and therefore no local DPS office. The closest DPS offices are located in neighboring counties. You will need to travel to one of these locations for license reinstatement and other DPS services:

[Note to Implementer: Research and list the closest DPS offices to Terrell County, including addresses, phone numbers, and hours of operation. Include a disclaimer that information is subject to change and to verify directly with the DPS.]

Special Programs

• Ignition Interlock Device Program: This program allows individuals convicted of DUI to continue driving during their suspension period by installing an IID in their vehicle. The device requires the driver to provide a breath sample before starting the vehicle, preventing operation if alcohol is detected.
• Occupational License: As described above, this allows restricted driving privileges for essential purposes.

Disclaimer: This guide provides general information and is not a substitute for legal advice. Laws and procedures are subject to change. If you have been arrested for DUI in Terrell, Texas, it is crucial to consult with a qualified DUI attorney as soon as possible to protect your rights and explore your legal options. Don't delay! Request your ALR hearing within 15 days!