Throckmorton County License Hearing Guide

Throckmorton DUI License Suspension & ALR Hearing

A DUI arrest in Throckmorton, Texas can be a frightening and confusing experience. While you're dealing with the criminal charges, it's crucial to understand that your driving privileges are also at risk. The Texas Department of Public Safety (DPS) can suspend your driver's license independently of the criminal court process. This guide will walk you through the steps you need to take to protect your license after a DUI arrest in Throckmorton. Remember, time is of the essence!

Understanding the Two Tracks: Criminal Court vs. Administrative License Revocation (ALR)

It's important to understand that there are two separate legal processes happening simultaneously after a DUI arrest:

• Criminal Court: This is where you'll face charges related to driving under the influence. Penalties here can include fines, jail time, and a criminal record.
• Administrative License Revocation (ALR) Hearing: This is a civil process handled by the Texas DPS. It determines whether your driver's license will be suspended due to the DUI arrest.

This guide focuses on the ALR hearing and how to fight a potential license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After being arrested for DUI in Throckmorton, you have a very limited time to request an Administrative License Revocation (ALR) hearing. You must request this hearing within 15 days of your arrest. Missing this deadline will result in an automatic suspension of your driver's license.

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

How to Request: You can request the hearing in one of the following ways:

• Online: The DPS website (www.dps.texas.gov) likely has a section for requesting ALR hearings. Search for "ALR Hearing Request" or "DUI License Suspension."
• Mail: Send a written request to the address provided on the temporary driving permit you received at the time of your arrest. Important: Send it certified mail with return receipt requested to have proof of timely submission. If you lost the permit, contact the DPS immediately to obtain the correct address.
• Phone: While some DPS offices might accept phone requests, it's highly recommended to use the online or mail options to ensure you have proof of your request.

What to Include in Your Request:

Your request should include the following information:

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

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within the 15-day deadline, your driver's license will be automatically suspended. You will receive a notice from the DPS informing you of the suspension and its effective date. Once suspended, driving is illegal and can lead to further criminal charges.

Automatic License Suspension

Regardless of the outcome of your criminal case, the Texas DPS can suspend your driver's license based on the circumstances of your DUI arrest. The reasons for suspension typically fall into two categories: failing a breath or blood test, or refusing to take the test.

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 suspension period for a first offense is typically 90 days to 1 year.
• Temporary Permit: The temporary permit you received at the time of your arrest is typically valid until your ALR hearing or until the date the suspension begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a harsher penalty than failing the test. In Texas, the license suspension for a first-time refusal is typically 180 days to 2 years.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in administrative penalties, regardless of whether you are ultimately convicted of the DUI offense.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the potential suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: This is a completely separate process from your criminal DUI case. The outcome of the ALR hearing does not directly affect the outcome of your criminal case, and vice versa.
• Determines License Suspension: The purpose of the hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.
• Lower Burden of Proof: The DPS has a lower burden of proof in an ALR hearing than the prosecution has in a criminal trial. The DPS only needs to show that it's more likely than not that you were driving while intoxicated. This is known as "preponderance of the evidence."

How to Prepare

Preparing for your ALR hearing is essential. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This could include:
• Witness statements: If anyone saw you before your arrest and can attest to your sobriety, obtain a written statement from them.
• Video footage: If there's any video footage of your arrest (e.g., from a dashcam or body camera), try to obtain it.
• Medical records: If you have any medical conditions that could have affected your performance on the field sobriety tests, gather relevant medical records.
• Consider Hiring a DUI Attorney: A DUI attorney experienced with ALR hearings can significantly improve your chances of success. They can:
• Review the evidence against you.
• Advise you on the best course of action.
• Represent you at the hearing.
• Cross-examine witnesses.
• 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 actually driving the vehicle.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license will be suspended.
• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license will not be suspended. You will be able to continue driving.
• Restricted/Hardship License Granted: In some cases, even if your license is suspended, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

A hardship or restricted license in Texas, also known as an Occupational License, allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You must meet certain requirements to be eligible for an occupational license, including:
• Having a valid driver's license at the time of the DUI arrest (or having had a license within the past year).
• Having no other active suspensions or revocations on your driving record.
• Demonstrating a need to drive for essential purposes (work, school, or medical needs).
• What You Can Drive For: An occupational license typically restricts you to driving for:
• Work-related activities
• Attending school
• Medical appointments
• Costs and Application Process: The application process involves filing a petition with the court in the county where you reside or where the offense occurred (Throckmorton County). There are court costs associated with filing the petition. You'll also need to provide documentation supporting your need to drive.
• IID Requirement: In some cases, 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 will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of SR-22 insurance (a certificate of financial responsibility).
• Complete any required DUI education courses or programs.
• Fees: The reinstatement fee varies but is typically around $125.
• SR-22 Insurance Requirement: You will likely be required to maintain SR-22 insurance for a period of time (usually 2-3 years) after your license is reinstated.
• Classes/Programs That Must Be Completed: The court or the DPS may require you to complete a DUI education course or community service as a condition of reinstatement.

Throckmorton DMV Offices

Unfortunately, due to the extremely small population of Throckmorton, there is likely no dedicated DPS office located directly within the city. You will likely need to travel to a neighboring county for DPS services. Check the Texas DPS website (www.dps.texas.gov) for the nearest driver's license office and its hours of operation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, the IID program may be required for occupational licenses and may also be a condition of probation in your criminal case.
• Occupational License: Discussed in detail above.
• DUI Education Program: A state-approved DUI education program is often required for license reinstatement.

Disclaimer: This guide provides general information only and is not a substitute for legal advice. If you have been arrested for DUI in Throckmorton, Texas, it is essential to consult with a qualified DUI attorney as soon as possible to discuss your specific situation and protect your rights. The information provided here may not be applicable to your specific case, and laws are subject to change. This guide is intended for informational purposes only and does not constitute legal advice.