Trinity County License Hearing Guide

Trinity DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Trinity, Texas, can trigger two separate legal processes: a criminal case and an administrative case related to your driver's license. This guide focuses on the administrative side – specifically, your license suspension and the Administrative License Revocation (ALR) hearing. It's crucial to act quickly to protect your driving privileges. This process is separate from your criminal case, but can greatly affect your ability to drive.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

Following a DUI arrest in Trinity, you have a very limited window to request an ALR hearing – only 15 days from the date of your arrest. This hearing is your opportunity to challenge the potential suspension of your driver's license. Missing this deadline results in an automatic license suspension.

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

How to Request: You have several options:

• Online: Visit the Texas DPS website (www.dps.texas.gov). Look for the ALR hearing request form.
• Mail: Mail a written request to the address provided on the DIC-24 (Notice of Suspension) form you received from the arresting officer. Important: send it certified mail with return receipt requested to prove timely submission.
• Phone: While not the preferred method (due to lack of documentation), you may be able to initiate the process by calling the DPS. Check your DIC-24 form for the appropriate number.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. The suspension period depends on whether you took a breath/blood test and whether you failed or refused. Don't let this happen!

Automatic License Suspension

Even if you request a hearing, your license is still subject to suspension. The ALR hearing determines whether that suspension is justified.

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 suspension period will be at least 90 days for a first offense.

• You likely received a temporary driving permit from the officer. This permit is valid until the date of your ALR hearing (if requested and scheduled) or until the suspension period begins (if you didn't request a hearing or your hearing was unsuccessful).

If You Refused Testing

Refusing to take a breath or blood test carries a harsher penalty. Under Texas's implied consent law, by driving on Texas roads, you've implicitly agreed to submit to chemical testing if suspected of DUI. Refusal results in an automatic license suspension of 180 days for a first offense.

• Implied Consent Law in Texas: This law states that by operating a vehicle on Texas roads, you consent to provide a specimen of your breath or blood for testing if lawfully arrested for driving under the influence. Refusal has immediate consequences, regardless of the outcome of your criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a civil proceeding, completely separate from your criminal DUI case. It's conducted by the Texas DPS and focuses solely on whether your driver's license should be suspended.

• Separate from Criminal Court: The outcome of the ALR hearing does not determine your guilt or innocence in the criminal DUI case.
• Decides if License Suspension is Warranted: The hearing officer will review evidence to determine if there was probable cause for your arrest and if you were driving with a BAC of 0.08 or higher (or refused testing).
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the facts support the suspension. This is a lower standard than "beyond a reasonable doubt" required in a criminal trial.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), receipts showing your last drink, or any medical conditions that could affect BAC readings.
• Consider Hiring a DUI Attorney: A DUI attorney specializing in Texas ALR hearings can significantly increase your chances of a favorable outcome. They understand the legal process, can present evidence effectively, and cross-examine witnesses. Given the short timeframe, it is crucial to contact an attorney as soon as possible.
• Understand What You Can Challenge: Potential challenges include:
• Lack of probable cause for the initial traffic stop.
• Improper administration of the breath/blood test.
• Faulty testing equipment.
• Chain of custody issues with the blood sample.
• Insufficient evidence that you were driving under the influence.

Possible Outcomes

• Suspension Upheld: The hearing officer finds sufficient evidence to support the license suspension.
• Suspension Overturned: The hearing officer finds insufficient evidence to support the suspension, and your license remains valid.
• 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 might be eligible for an occupational license (also known as a hardship license) in Texas. This allows you to drive for essential purposes.

• Eligibility Requirements: You must demonstrate a need to drive for work, school, or essential family responsibilities. You must also prove that your license suspension is causing undue hardship.
• What You Can Drive For: An occupational license typically restricts driving to work, school, medical appointments, and essential household duties.
• Costs and Application Process: The application process involves filing a petition with the court, providing documentation of your hardship, and paying associated fees. Consult with an attorney to ensure you meet all requirements.
• IID Requirement: Depending on the circumstances of your DUI and the court's decision, you may be required 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 is over and your criminal case is resolved, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Typically, you'll need to pay a reinstatement fee to the Texas DPS.
• Fees: Reinstatement fees vary, so check the DPS website for the current fee schedule.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (proof of financial responsibility) for a specified period.
• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or community service. Proof of completion is often required for license reinstatement.

Trinity DMV Offices

Unfortunately, Trinity, Texas is a very small town, and doesn't have a dedicated DPS office. The closest DPS locations are:

• Huntsville Driver License Office: 245 SH 75 North, Huntsville, TX 77320. (approx. 30 minutes away)
• Livingston Driver License Office: 1400 East Church St, Livingston, TX 77351. (approx. 45 minutes away)

It is always advisable to confirm hours and services offered before visiting.

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned above, an IID may be required as a condition of an occupational license or as part of your criminal sentence. This device prevents your vehicle from starting if it detects alcohol on your breath.
• Occupational License: This is a restricted license allowing driving for essential purposes during a suspension.
• Texas Driver Responsibility Program (Repealed): The Texas Driver Responsibility Program, which assessed surcharges for certain traffic offenses, has been repealed.

Disclaimer: This guide provides general information and is not a substitute for legal advice. Laws are subject to change. It is essential to consult with a qualified Texas DUI attorney to discuss your specific situation and legal options. Time is of the essence – contact an attorney immediately to protect your rights and driving privileges after a DUI arrest in Trinity, Texas.