Throckmorton County License Hearing Guide

Throckmorton County DUI License Suspension & ALR Hearing

**(A DUI.GUIDE Resource)*If you've been arrested for Driving Under the Influence (DUI) in Throckmorton County, Texas, you're facing two separate but related legal battles: a criminal case and an administrative license suspension. This guide focuses on the administrative process, specifically the Administrative License Revocation (ALR) hearing, which determines whether your driver's license will be suspended. It's crucial to understand that winning your criminal case does not automatically reinstate your license if it's suspended through the ALR process. The ALR hearing is a civil matter handled separately by the Texas Department of Public Safety (DPS).

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have a very limited time to protect your driving privileges. You must request an ALR hearing within 15 days of your DUI arrest. This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing from the Texas Department of Public Safety (DPS).
• How to Request: While specific procedures may vary, generally, you can request the ALR hearing by mail.
• 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. The length of the suspension depends on whether you took the breath/blood test and whether you have prior alcohol-related offenses.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension pending the outcome of the hearing. The grounds for this suspension depend on whether you submitted to chemical 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 0.08 or higher, your license will be automatically suspended. Under Texas law, a BAC of 0.08 or higher constitutes legal intoxication.

• Suspension Duration: The length of the suspension varies depending on whether you have any prior alcohol-related offenses. For a first-time offense, the suspension is typically 90 days to 1 year.
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is typically valid for 40 days or until the date of your ALR hearing, whichever comes first. If you do not request a hearing, the temporary permit will expire, and the suspension will begin.

If You Refused Testing

Refusing to submit to a breath or blood test carries more severe consequences under Texas's implied consent law.

• Suspension Duration: If you refuse to take a breath or blood test, your license will be suspended for a longer period, typically 180 days for a first-time refusal.
• 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 the automatic suspension of your license, regardless of whether you are ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal case. It is conducted by the Texas DPS and determines whether your driver's license should be suspended due to your DUI arrest.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine your guilt or innocence in the criminal DUI case. However, evidence presented at the ALR hearing can be valuable to your attorney in preparing your criminal defense.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was probable cause for the traffic stop, whether you were lawfully arrested, and whether your BAC was 0.08 or higher (or whether you refused testing).
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to show by a preponderance of the evidence (more likely than not) that the requirements for suspension are met, rather than proving your guilt beyond a reasonable doubt.

How to Prepare

Preparing for your ALR hearing is crucial to maximizing your chances of keeping your license.

• Gather Evidence: Gather any evidence that supports your case, such as witness statements, dashcam video, or medical records.
• Consider Hiring a DUI Attorney: An experienced DUI attorney can represent you at the ALR hearing, present evidence on your behalf, cross-examine witnesses, and argue against the suspension of your license.
• Understand What You Can Challenge: You can challenge various aspects of the DPS case, including the legality of the traffic stop, the administration of the breath or blood test, and the accuracy of the test results.

Possible Outcomes

The ALR hearing can have several possible outcomes.

• Suspension Upheld: If the DPS proves its case, your license will be suspended for the applicable period.
• Suspension Overturned: If the DPS fails to prove its case, your license will not be suspended, and you can continue to drive.
• 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 such as work, school, or medical appointments.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for a restricted or "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 going to work, school, or medical appointments. You must also show that you do not have any other means of transportation.
• What You Can Drive For: An occupational license typically restricts you to driving for essential purposes only, such as work, school, or medical appointments. The license will specify the times and locations you are permitted to drive.
• Costs and Application Process: The application process for an occupational license involves filing a petition with the court and providing documentation to support your need to drive. There are also fees associated with the application process.
• IID Requirement: In some cases, 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 has ended, you will need to take steps to reinstate your driver's license.

• Reinstatement Requirements: To reinstate your license, you will typically need to pay a reinstatement fee to the Texas DPS.
• Fees: The reinstatement fee varies depending on the reason for the suspension.
• 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 after your license is reinstated.
• Classes/Programs That Must Be Completed: You may also be required to complete certain alcohol education classes or programs as a condition of reinstatement.

Throckmorton County DPS/DMV Offices

Here are the local DPS/DMV offices serving Throckmorton County:

• Texas Department of Transportation

• Address: 615 E Chestnut St, Throckmorton, TX 76483

• Phone: (940) 849-4821

• Hours: Monday-Friday, 7:00 AM to 3:30 PM

• Texas Department of Public Safety

• Address: 1 Ave D, Haskell, TX 79521

• Phone: (940) 864-2448

• Hours: Monday, 8:30 AM to 5:00 PM

Special Programs

• Ignition Interlock Device (IID) Program: Texas law requires the installation of an IID for certain DUI offenders, particularly those with high BAC levels or repeat offenses. The IID is a device that prevents a vehicle from starting if the driver's breath alcohol concentration exceeds a pre-set limit.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes even while your license is suspended.

It is highly recommended that you seek counsel from an experienced attorney to navigate the specifics of a DUI charge and the ALR hearing process in Throckmorton County. They will have the best understanding of local procedures and can advocate for the best possible outcome in your case.

Frequently Asked Questions

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

Q: How long after a DUI arrest in Throckmorton County will my license be suspended if I don't request an ALR hearing? A: Your license will be automatically suspended 40 days after your arrest if you do not request an ALR hearing within 15 days.

Q: Can I get a hardship license if my license is suspended for DUI in Throckmorton County? A: Yes, you may be eligible for an occupational license, which allows you to drive for essential purposes such as work, school, or medical appointments, even while your license is suspended.