Upton County License Hearing Guide

Upton DUI License Suspension & ALR Hearing

Being arrested for DUI (Driving Under the Influence) in Upton, Texas, can be a frightening experience. Beyond the criminal charges, you also face the immediate possibility of losing your driver's license. It’s crucial to understand that there are two separate processes at play: the criminal case in court, and an administrative process handled by the Texas Department of Public Safety (DPS) concerning your driving privileges. This guide focuses on the administrative process – specifically, how to fight your license suspension after a DUI arrest in Upton. Time is of the essence; act quickly!

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Upton, you have a very limited window to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a non-negotiable deadline. Missing it means your license will be automatically suspended.

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

How to Request: You can request the hearing through the following methods:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request") and follow the online instructions. This is often the fastest and most convenient method.
• Phone: Call the DPS Driver License Division. You can find the appropriate number on the DPS website. Be prepared to provide information about your arrest.
• Mail: Send a written request to the DPS. The address to send the request to should be available on the DPS website or on the paperwork you received at the time of your arrest. Make sure to send it via certified mail with return receipt requested so you have proof of timely submission.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your Texas driver's license will be automatically suspended. There are very few exceptions to this rule. Don't delay!

Automatic License Suspension

The Texas Department of Public Safety (DPS) can automatically suspend your driver's license based on the circumstances of your DUI arrest, regardless of the outcome of your criminal case.

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 is typically 90 days to 1 year for a first offense. The exact length depends on the circumstances of your case and your driving record.

• Temporary Permit Valid Until Hearing or Suspension Begins: You should have received a temporary driving permit at the time of your arrest. This permit allows you to drive until the ALR hearing is held or until the suspension period 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 much harsher penalty. If you refused testing, your license will be suspended for a longer period, typically 180 days to 2 years for a first offense.

• Implied Consent Law in Texas: Texas, like most states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to a breath or blood test if lawfully requested by a law enforcement officer. Refusal to do so can result in the automatic suspension of your license, even if you are not ultimately convicted of DUI in criminal court.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: It’s vital to understand that the ALR hearing is a completely separate proceeding from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice-versa.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS has sufficient evidence to suspend your driver's license.

• 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 that it is more likely than not that you were driving while intoxicated. This is known as "preponderance of the evidence." In a criminal trial, the prosecution must prove your guilt beyond a reasonable doubt.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that might support your case. This could include witness statements, video footage (from dashcams or surveillance cameras), and any documentation that challenges the accuracy of the breath or blood test.

• 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 procedures, can effectively cross-examine witnesses, and present a compelling defense on your behalf.

• Understand What You Can Challenge: Common challenges in an ALR hearing include:

• Whether the officer had reasonable suspicion to stop you.

• Whether the officer had probable cause to arrest you for DUI.

• Whether the breath or blood test was administered correctly.

• Whether the testing equipment was properly calibrated and maintained.

• Whether you were properly advised of your rights.

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: 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.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be eligible for an Occupational Driver's License (ODL), often referred to as a hardship license, in Texas.

• Eligibility Requirements: To be eligible for an ODL, you must typically demonstrate that you need to drive for essential purposes, such as:

• To and from work

• To and from school

• For essential household duties

• For medical appointments

• What You Can Drive For: An ODL typically restricts you to driving only for the purposes listed on the license. The hours you can drive may also be restricted.

• Costs and Application Process: Applying for an ODL involves filing a petition with the court, providing supporting documentation, and paying court fees. The exact cost can vary. You'll need to obtain a court order granting the ODL and then present that order to the DPS.

• IID Requirement: Depending on the circumstances of your case, 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

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

After Criminal Case Concludes

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

• Pay a reinstatement fee to the DPS.

• Provide proof of financial responsibility (SR-22 insurance).

• Complete any required alcohol education or treatment programs.

• Comply with any court orders related to your criminal case.

• Fees: The reinstatement fee varies and can be found on the DPS website.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Texas for drivers considered high-risk. You'll need to obtain an SR-22 policy from an insurance company and have them file it with the DPS.

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education course or a substance abuse treatment program as part of your criminal sentence or as a condition of license reinstatement.

Upton DMV Offices

Unfortunately, Upton, Texas, has no physical DPS office due to its lack of population. You will need to travel to a neighboring town. Here are some nearby options:

• Midland DPS Office (closest major city)

• Address: [Search Google Maps for the most up-to-date address]

• Hours: [Search Google Maps for the most up-to-date hours]

• Phone: [Search Google for the phone number]

• Odessa DPS Office

• Address: [Search Google Maps for the most up-to-date address]

• Hours: [Search Google Maps for the most up-to-date hours]

• Phone: [Search Google for the phone number]

• Online Services: Remember that many DPS services, including requesting ALR hearings and paying reinstatement fees, can be completed online through the Texas DPS website.

Special Programs

• Ignition Interlock Device Program: This program allows individuals with a suspended license to drive with a device installed in their vehicle that requires them to pass a breath alcohol test before starting the engine.

• Occupational License: As described above, this allows you to drive for essential purposes even while your license is suspended.

• Texas Driver Responsibility Program (Note: Mostly Repealed): While much of the Driver Responsibility Program was repealed in 2019, you may still encounter surcharges or fees depending on the specifics of your case, especially if your DUI occurred before the repeal date. Consult with a legal professional to determine if this applies to you.

Being arrested for DUI in Upton, Texas, is a serious matter. Understanding your rights and acting quickly to protect your driving privileges is essential. Don't hesitate to seek legal advice from a qualified DUI attorney.