Terry County License Hearing Guide

Terry DUI License Suspension & ALR Hearing: Save Your Driving Privileges

A DUI arrest in Terry, Texas can trigger two separate legal processes: a criminal case in court, and an administrative action against your driver's license. This guide focuses on the latter – the administrative process that could lead to the suspension of your driver's license. It's crucial to understand that the outcome of your criminal case does not automatically impact your license suspension. You must take immediate action to protect your driving privileges. This guide is designed to provide you with the information you need to navigate the administrative license revocation (ALR) process in Terry, Texas.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the single most important piece of information you need to know right now. You only have 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing gives you the opportunity to challenge the potential suspension of your driver's license.

Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

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

• Online: The Texas DPS website allows online ALR hearing requests.
• Mail: Send a written request to the address specified on the DIC-24 form (Notice of Suspension) you received at the time of your arrest. If you don't have the form, contact the DPS to obtain the correct address.
• Phone: Contact the Texas DPS Driver License Division, but be aware that a written request is generally preferred to ensure proper documentation.

What to Include in Your Request: Your request should include:

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

What Happens If You Miss the Deadline? If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended, regardless of the outcome of your criminal DUI case. This suspension will begin 40 days after the date of your arrest. *Do not miss this deadline!## Automatic License Suspension

Even if you request an ALR hearing, your license may still be suspended. The basis for the suspension depends 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 will depend on prior offenses. While specific suspension periods vary and depend on your record, expect a suspension ranging from 90 days to 1 year for a first offense with a BAC over 0.08.
• Temporary Permit: The DIC-24 form you received at the time of your arrest acts as a temporary driving permit. This permit is typically valid until your ALR hearing or until the automatic suspension begins (40 days after the arrest if no hearing is requested).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a heavier penalty than failing the test. In Texas, refusing testing typically results in a longer suspension period, generally 180 days for a first offense.
• Implied Consent Law in Texas: Texas operates under an implied consent law. This means that by driving on Texas roads, you have implicitly consented to submit to chemical testing (breath or blood) if lawfully arrested for DUI. Refusal to submit to testing can result in the automatic suspension of your driver's license, even if you are ultimately acquitted of the DUI charge in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, completely separate from your criminal DUI case. The sole purpose of the ALR hearing is to determine whether the Texas DPS had sufficient legal grounds to suspend your driver's license.

• Separate from Criminal Court: Remember that the outcome of your ALR hearing does not directly impact your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will determine if the DPS had probable cause to believe you were driving while intoxicated and whether your BAC was above the legal limit (if a test was taken) or whether you refused to submit to testing.
• Lower Burden of Proof: 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, whereas a criminal conviction requires proof "beyond a reasonable doubt."

How to Prepare

Proper preparation is critical for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashboard camera footage, receipts showing your whereabouts prior to the arrest, or medical documentation.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Terry County can represent you at the ALR hearing. They can subpoena witnesses, cross-examine the arresting officer, and present legal arguments on your behalf. An attorney understands the nuances of Texas DUI law and can significantly improve your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had probable cause to stop you.
• Whether the officer properly administered the field sobriety tests.
• Whether the breath or blood test was properly administered and analyzed.
• Whether you were properly informed of your rights regarding chemical testing.

Possible Outcomes

The ALR hearing will result in one of the following outcomes:

• Suspension Upheld: The hearing officer finds that the DPS had sufficient legal grounds to suspend your license. Your license will be suspended for the applicable period.
• Suspension Overturned: The hearing officer finds that the DPS did not have sufficient legal grounds to suspend your license. Your driving privileges will be restored.
• Restricted/hardship license Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

Hardship/Restricted License in Texas

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

• Eligibility Requirements: To be eligible, you must typically demonstrate that you need to drive to maintain employment, attend school, or receive essential medical care. You must also show that your license is currently suspended for a reason other than a medical condition.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations, such as travel to and from work, school, or medical appointments.
• Costs and Application Process: Applying for an occupational license involves filing a petition with the court in the county where you reside or where the offense occurred (Terry County). There are court costs associated with the application, and you may need to obtain SR-22 insurance (proof of financial responsibility).
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an ignition interlock device (IID) on your vehicle as a condition of obtaining an occupational license.

Getting Your License Back

Once your suspension period is over, you are not automatically eligible to drive again. You must take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to pay a reinstatement fee to the Texas DPS.
• Fees: Contact the Texas DPS for the current reinstatement fee amount.
• SR-22 Insurance Requirement: You may be required to maintain SR-22 insurance for a period of time after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the outcome of your criminal case, you may be required to complete a DUI education program or community service.

Terry County DMV Offices

Here is a DPS office serving Terry County. Remember to call ahead or check online for current addresses, hours of operation, and available services.

• Brownfield Dps Office: 802 N Ballard St, Brownfield, TX 79316

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required for an occupational license or as a condition of probation in your criminal case.
• Occupational License: As discussed above, this allows you to drive for essential purposes during a suspension.

*Disclaimer: This guide provides general information and should not be considered legal advice. Consult with a qualified Texas DUI attorney for advice specific to your situation.## Frequently Asked Questions

1How long do I have to request an ALR hearing in Terry, Texas? You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Texas DPS. Missing this deadline results in automatic license suspension.

2What happens if I refused a breathalyzer test during my DUI arrest in Terry County? Refusing a breathalyzer test in Texas leads to a longer license suspension compared to failing one. Expect a suspension of 180 days for a first offense.

3Can I get a hardship license if my license is suspended after a DUI in Terry, Texas? Yes, you may be eligible for an occupational license, allowing you to drive for essential purposes like work, school, or medical appointments. You'll need to petition the court in Terry County.