Titus County License Hearing Guide

Titus DUI License Suspension & ALR Hearing: A Guide to Saving Your Driving Privileges

Being arrested for a DUI in Titus, Texas, can be a frightening and confusing experience. Besides the criminal charges you're facing, you're also dealing with the potential loss of your driver's license. It's crucial to understand that Texas has two separate processes: a criminal case and an administrative license suspension process handled by the Texas Department of Public Safety (DPS). This guide focuses on the administrative side, specifically the Administrative License Revocation (ALR) process and what you need to do immediately to protect your driving privileges. This is NOT legal advice, and you should contact an attorney for advice regarding your specific circumstances.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: you only have 15 days from the date of your DUI arrest to request an ALR hearing. This hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means your license will automatically be suspended.

Where to Request: The request must be made 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 (search "Texas DPS ALR Hearing Request") and follow the online instructions. This is often the fastest and most convenient method.
• Mail: Send a written request to the address specified on the DIC-24 form you received from the officer at the time of your arrest. If you don't have that form, contact DPS directly to obtain the correct address for your region. Important: send it certified mail with return receipt requested so you have proof it was received.
• Phone: While less recommended than the other methods, you may be able to initiate the request by phone. Call the Texas DPS Driver License Division and inquire about the ALR hearing request process. Be prepared to follow up with written confirmation.

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 automatically be suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

Even if you request a hearing, an automatic license suspension will still be triggered. The length of this suspension depends on whether you took a breath or blood test and whether you failed or refused to take one.

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-time DUI offense in Texas is typically 90 days to 1 year. However, successfully challenging the suspension at the ALR hearing can prevent this suspension from taking effect.
• Temporary Permit: The DIC-25 form you received from the officer may act as a temporary driving permit. This permit is usually valid for 40 days, or until the date of 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 typically results in a license suspension of 180 days to 2 years.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to a breath or blood test if lawfully arrested for suspicion of driving under the influence. Refusing to take the test can result in the penalties described above, even if you are later acquitted of the criminal DUI charge.

The ALR/Administrative Hearing

The ALR hearing is a critical step in protecting your driving privileges. Understanding what it is, how to prepare, and the possible outcomes is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case in Titus County court. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether there was probable cause for the officer to stop you, whether you were lawfully arrested for DUI, and whether your BAC was over the legal limit or whether you refused to provide a sample.
• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that the events occurred as they claim. 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 supports your case. This might include:
• Witness statements from passengers or other individuals who observed you before the arrest.
• Dashcam or bodycam footage (if available). Request this footage immediately from the Titus County Sheriff's Office or the Titus County Police Department.
• Medical records that might explain a high BAC reading (e.g., a medical condition affecting BAC levels).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Titus County can be invaluable. They understand the ALR hearing process, can gather and present evidence effectively, and can cross-examine witnesses to challenge the DPS's case. They can also negotiate with the DPS on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the initial traffic stop.
• Whether the officer had probable cause to arrest you for DUI.
• The accuracy of the breath or blood test results.
• Whether you were properly informed of your rights regarding the breath or blood test.

Possible Outcomes

• Suspension Upheld: If the DPS presents sufficient evidence and you are unable to successfully challenge it, your license suspension will be upheld.
• Suspension Overturned: If you successfully challenge the DPS's case, the suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted (See Below): Even if the suspension is upheld, you may be eligible for a restricted or occupational license that allows you to drive under certain circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Texas

Even with a suspended license, you might be able to obtain a hardship or restricted license, also known as an Occupational Driver's License (ODL), in Texas.

• Eligibility Requirements: To be eligible for an ODL, you must demonstrate a need to drive for essential purposes, such as:
• Work
• School
• Essential household duties
• Medical appointments
• What You Can Drive For: An ODL will specify the times and locations you are permitted to drive. It is usually limited to a maximum of 12 hours per day.
• Costs and Application Process: You must petition a court in the county where you reside (or where the offense occurred) for an ODL. This requires filing a lawsuit and paying court costs. You will also need to provide proof of financial responsibility (SR-22 insurance).
• 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 ODL.

Getting Your License Back

After your suspension period ends (whether from the ALR process or the criminal case), you must take specific steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Typically, you will need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any court-ordered DUI education programs or community service.
• Provide proof of financial responsibility (SR-22 insurance).
• Fees: The reinstatement fee can vary, so contact the Texas DPS for the current fee amount.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the Texas DPS for high-risk drivers, including those convicted of DUI. You will need to maintain SR-22 insurance for a specific period, typically two to three years.
• Classes/Programs that Must be Completed: The court may order you to complete a DUI education program, such as a DWI Intervention Program. You must complete this program and provide proof of completion to the Texas DPS.

Titus DMV Offices

Unfortunately, there are no DPS offices located within the city limits of Titus. The closest locations are:

• Mount Pleasant Driver License Office:
• Sulphur Springs Driver License Office:

Note: It is highly recommended that you call the DPS office before visiting to confirm their hours of operation and to inquire about any specific requirements for your situation.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of obtaining an ODL or as part of your criminal sentence. The IID requires you to blow into a device before starting your vehicle. If the device detects alcohol, the vehicle will not start.
• Occupational License: As detailed above, this allows you to drive for essential purposes during your suspension.

This guide provides a general overview of the ALR process and license suspension issues related to a DUI arrest in Titus, Texas. It is essential to remember that every case is unique, and the specific laws and procedures may vary. Consulting with a qualified DUI attorney in Titus County is strongly recommended to protect your rights and ensure the best possible outcome in your case. Don't delay – the 15-day deadline is critical!