Tyler County License Hearing Guide

Tyler DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI in Tyler, Texas, can be a frightening and confusing experience. One of the most immediate concerns is the status of your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case related to the DUI charge, and an administrative process concerning your driver's license. This guide focuses on the administrative side – specifically, how to fight a license suspension following a DUI arrest in Tyler.

This administrative process is handled by the Texas Department of Public Safety (DPS) and is initiated automatically upon your arrest. Understanding your rights and acting quickly is vital to potentially saving your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. Missing this deadline means your license will be automatically suspended.

Where to Request: You must request the hearing through the Texas Department of Public Safety (DPS).

How to Request:

• Online: The DPS has an online portal for requesting ALR hearings. Check the DPS website (www.dps.texas.gov) and search for "ALR Hearing Request."
• Mail: You can request a hearing by mailing a written request to the address provided on the Notice of Suspension you received at the time of your arrest. Ensure you keep a copy of the request and send it via certified mail with return receipt requested to confirm it was received.
• Phone: While not always the preferred method due to potential issues with documentation, you might be able to initiate the request by calling the DPS driver license division. Check the DPS website for the correct phone number for your region.

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 suspension period depends on whether you took a breath or blood test and whether you failed it or refused to take one. It's extremely difficult to appeal this automatic suspension once the deadline has passed.

Automatic License Suspension

Upon a DUI arrest, your license is subject to an automatic administrative suspension. The length of the suspension depends on whether you submitted to a breath or blood test and the result.

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 in Texas is typically 90 days to 1 year.

• Temporary Permit: The officer likely issued you a temporary driving permit at the time of your arrest. This permit is typically valid for 40 days, allowing you to drive until your ALR hearing or until the suspension officially begins if you don't request a hearing or lose the hearing.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test carries a significantly harsher penalty. In Texas, refusing a test results in a longer suspension period. This is typically 180 days to 2 years for a first offense.

• Implied Consent Law in Texas: By driving on Texas roads, you've given "implied consent" to submit to chemical testing if lawfully arrested for suspicion of driving under the influence. Refusal has legal consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to contest the suspension of your driver's license. Understanding what it is, how to prepare, and the possible outcomes is critical.

What It Is

• Separate from Criminal Court: It's important to reiterate that the ALR hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing doesn't automatically 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 the DPS has sufficient evidence to suspend your license.

• 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) that the arrest was lawful and the BAC was above the legal limit (or that you refused testing).

How to Prepare

• Gather Evidence: Start gathering any evidence that could support your case. This might include:

• Witness statements (if anyone was with you)

• Any video footage (dashcam, security cameras) that might be relevant

• Medical records (if you have a condition that could affect BAC readings)

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can be invaluable. They can:

• Request and review the evidence the DPS has against you

• Represent you at the hearing

• Cross-examine witnesses

• Present legal arguments on your behalf

• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, including:

• Whether the officer had reasonable suspicion to stop you

• Whether the officer had probable cause to arrest you

• Whether the breath or blood test was administered correctly

• The accuracy of the breath or blood test results

• Whether you were properly informed of the consequences of refusing to take a test

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS has met its burden of proof, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the DPS has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be reinstated.

• Restricted/Hardship License Granted: Even if the suspension is upheld, you might be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Texas offers an Occupational Driver's License (ODL), often called a hardship license, which allows you to drive for essential purposes even while your license is suspended.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as:

• Work

• School

• Essential household duties

• Medical appointments

• What You Can Drive For: The ODL specifies the times and locations you are allowed to drive. It's typically limited to the purposes listed above.

• Costs and Application Process: Applying for an ODL involves filing a petition with the court in the county where you reside or where the offense occurred. There are court fees associated with the application. You'll need to provide documentation supporting your need to drive.

• IID Requirement: Depending on the circumstances of your case (especially if it's a repeat offense or involved a high BAC), the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of the ODL.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

Your criminal case and the ALR process are connected in that the outcome of the criminal case could impact the length of your suspension and what is required to get your license back.

• Reinstatement Requirements: To reinstate your license, you'll typically need to:

• Pay a reinstatement fee to the DPS

• Provide proof of completion of any required alcohol education programs or community service

• Show proof of financial responsibility (SR-22 insurance)

• Fees: The reinstatement fee varies, so check the DPS website for the current amount.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage in Texas. You'll likely need to maintain SR-22 insurance for a period of time, typically 2-3 years.

• Classes/Programs: Depending on the specifics of your case and the court's orders, you may be required to complete a DUI education program or other court-ordered classes.

Tyler DMV Offices

[Note: As no courthouse or impound lot data is currently available, I am including generic DMV information and suggest you research the specific Tyler, Texas DMV location and hours of operation]

You can find more information and complete some of the reinstatement processes at your local Texas Department of Public Safety (DPS) office. Check the DPS website (www.dps.texas.gov) for the most up-to-date information on locations and hours. Some common tasks can also be handled online.

Special Programs

• Ignition Interlock Device Program: As mentioned, the IID program may be required as a condition of an Occupational Driver's License or as part of your criminal sentence.

• Occupational License: Described above.

• Texas Driver Responsibility Program (Note: Discontinued): While the Texas Driver Responsibility Program was discontinued in 2019, it's essential to be aware of any outstanding surcharges from that program, as they may prevent you from reinstating your license. Check with the DPS to ensure you have no outstanding obligations.

Facing a DUI arrest and potential license suspension can be overwhelming. Remember the 15-day deadline to request an ALR hearing and consider consulting with a qualified DUI attorney in Tyler to protect your rights and driving privileges. This guide provides a starting point, but professional legal advice tailored to your specific situation is highly recommended.