Upshur County License Hearing Guide

Upshur DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Upshur, Texas? Your driver's license is in immediate danger. This guide provides the critical information you need to understand the license suspension process and how to fight to keep your driving privileges. Time is of the essence! You have a very limited window to act.

After a DUI arrest in Upshur County, Texas, you face two separate legal battles:

• The Criminal Case: This is the case where the state tries to prove you were driving under the influence.
• The Administrative License Revocation (ALR) Case: This is a separate process handled by the Texas Department of Public Safety (DPS). It focuses solely on whether your driver's license should be suspended.

This guide focuses on the ALR process and how to navigate the license suspension aspect of your DUI arrest in Upshur. Don't delay – understanding your rights and taking swift action is crucial.

CRITICAL DEADLINE: Request 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 ALR hearing. If you fail to request a hearing within this timeframe, your license will be automatically suspended.

Where to Request:

You must request the ALR hearing from the Texas Department of Public Safety (DPS).

How to Request:

You can request a hearing in one of three ways:

• Online: Visit the Texas DPS website. Look for the section related to ALR hearings or driver's license suspensions. The exact location on the website may vary, so use the search function if needed.
• Phone: Contact the Texas DPS directly. You can find the relevant phone number on their website or by searching online for "Texas DPS ALR Hearing Request Phone Number."
• Mail: Send a written request to the Texas DPS. Include your name, date of birth, driver's license number, the date of your arrest, and a clear statement requesting an ALR hearing. Send it certified mail with return receipt requested to ensure proof of delivery. The address for sending the request can usually be found on the DPS website or by contacting them directly.

What Happens If You Miss the Deadline:

If you miss the 15-day deadline, your license will be automatically suspended, and you will lose the opportunity to challenge the suspension in an ALR hearing. This makes it absolutely critical to act quickly.

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The length of the suspension depends on whether you took a breath or blood test and the results (or whether you refused testing).

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 for 90 days.

• You will receive a temporary driving permit that is valid until the date the suspension begins or until the ALR hearing date.

• If you win the ALR hearing, the suspension will be lifted.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test results in a much harsher penalty in Texas. Your license will be suspended for 180 days.

• 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 DUI. Refusing to take the test has serious consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the Texas DPS and is focused solely on whether there was sufficient justification to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The hearing officer will determine if the police had probable cause to arrest you for DUI and if your BAC was over the legal limit (or if you refused testing).
• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as:
• Witness statements
• Dashcam or bodycam footage
• Medical records
• Evidence of sobriety
• Consider Hiring a DUI Attorney: A DUI attorney experienced in ALR hearings can significantly improve your chances of success. They can:
• Advise you on your rights
• Gather evidence and prepare your case
• Represent you at the hearing
• Cross-examine witnesses
• Understand What You Can Challenge: You can challenge the following aspects of the state's case:
• Whether the police had probable cause to stop you
• Whether the police had probable cause to arrest you for DUI
• Whether the breath or blood test was properly administered
• Whether your BAC was actually over 0.08
• Whether you were properly informed of the consequences of refusing the breath/blood test

Possible Outcomes

There are several possible outcomes of the ALR hearing:

• 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 restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for essential purposes.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational License (also known as a Hardship License) in Texas. This license allows you to drive for essential purposes, such as:

• Going to and from work
• Attending school
• Medical appointments
• Essential household duties

Eligibility Requirements:

• You must have a valid Texas driver's license at the time of the arrest (or it must have been expired for less than one year).
• You must not have any other active suspensions or revocations on your driving record.
• You must file a petition with the court in the county where you reside or where the offense occurred.

What You Can Drive For:

The Occupational License will specify the days and hours you are allowed to drive and the locations you are permitted to travel to.

Costs and Application Process:

The application process involves filing a petition with the court, paying court fees, and providing documentation to support your need for the license. You may also need to obtain 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 Occupational License, especially if you had a high BAC or a prior DUI conviction.

Getting Your License Back

After Criminal Case Concludes

Even if you win the ALR hearing, you may still face a license suspension as part of your criminal DUI case.

• Reinstatement Requirements: Once any suspension period is over, you will need to take steps to reinstate your license.
• Fees: You will likely need to pay a reinstatement fee to the Texas DPS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance (high-risk auto insurance) for a period of time.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered requirements.

Upshur DMV Offices

Unfortunately, specific DMV office information for Upshur County is not currently available. The best way to find the nearest DPS office is to visit the Texas DPS website and use their location search tool. You can also search online for "Texas DPS office near Upshur, TX."

Special Programs

• Ignition Interlock Device Program: As mentioned above, the court may order you to install an IID in your vehicle. This device requires you to blow into it before starting your car, and it will prevent the car from starting if it detects alcohol.
• Occupational License: Details outlined above.
• DUI Education Program: If convicted of DUI, you will likely be required to complete a DUI education program.

This guide provides general information and is not a substitute for legal advice. If you have been arrested for DUI in Upshur County, Texas, it is highly recommended that you consult with a qualified DUI attorney as soon as possible to protect your rights and your driving privileges.