Ward County License Hearing Guide

Ward DUI License Suspension & ALR Hearing

A DUI arrest in Ward, Texas can have serious consequences, and one of the most immediate concerns is your driver's license. It's crucial to understand that there are two separate legal processes happening after a DUI: 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 and how to protect your license.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

You only have 15 days from the date of your DUI arrest in Ward to request an Administrative License Revocation (ALR) hearing. This is a hard deadline, and missing it will result in automatic suspension of your driver's license. Don't delay!

• Where to Request: The Texas Department of Public Safety (DPS) handles ALR hearings.

• How to Request: You can request a hearing online, by phone, or by mail.

• Online: Visit the Texas DPS website (Search: Texas DPS ALR Hearing Request). Follow the instructions to submit your request electronically. This is often the fastest method.

• Phone: Call the Texas DPS Driver License Division. Be prepared to provide information about your arrest and driver's license. The phone number can be found on the Texas DPS website or your temporary driving permit.

• Mail: Send a written request to the address provided on your temporary driving permit. Your request should include:

• Your full name

• Your driver's license number

• Your date of birth

• The date of your arrest

• The name of the arresting officer and department

• A clear statement that you are requesting an ALR hearing.

Important: It's highly recommended to send your request via certified mail with return receipt requested. This provides proof that the DPS received your request within the 15-day deadline.

• 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. You will receive notification from the DPS regarding the suspension period. This suspension is in addition to any potential suspension resulting from the criminal DUI case.

Automatic License Suspension

Even if you request an ALR hearing, your license will be subject to automatic suspension pending the outcome of the hearing. The length of this suspension depends on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol concentration (BAC) was at or above 0.08, your license will be suspended for 90 days if it's your first offense. Subsequent offenses carry longer suspensions.

• Temporary Permit Valid Until Hearing or Suspension Begins: The temporary driving permit you received at the time of your arrest is typically valid for 40 days. This allows you to drive until your ALR hearing or until the 90-day suspension begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath or blood test in Texas carries a harsher penalty than failing the test. If you refused testing, your license will be suspended for 180 days for a first offense.

• 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. Refusal to submit to testing can result in the aforementioned suspension.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding 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.

• Decide if License Suspension is Warranted: The purpose of the hearing is to determine if the DPS had sufficient legal justification to suspend your license.

• Lower Burden of Proof than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence" – meaning it is more likely than not that the events occurred as they claim. 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 could support your case, such as:

• Witness statements

• Dashcam or bodycam footage (if available)

• Medical records

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Ward County can be invaluable. They understand the ALR hearing process, can gather and present evidence effectively, and can cross-examine witnesses. They can also advise you on the best course of action based on the specific circumstances of your case.

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

• Whether the police officer had probable cause to stop you.

• Whether you were properly advised of your rights.

• The accuracy of the breath or blood test results.

• Whether you actually refused to take a test.

Possible Outcomes

• Suspension Upheld: If the DPS proves its case, your license suspension will be upheld.

• Suspension Overturned: If you successfully challenge the DPS's case, your license suspension will be overturned, and your driving privileges will be reinstated.

• Restricted/Hardship License Granted: 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

A hardship or restricted license in Texas, also known as an Occupational Driver's License (ODL), allows you to drive legally for specific purposes, even with a suspended license.

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

• Work

• School

• Essential family needs

• Medical appointments

• What You Can Drive For: The ODL will specify the times, locations, and purposes for which you are permitted to drive.

• Costs and Application Process: You must petition a court in the county where you reside or where the offense occurred (Ward County in your case). The application process involves filing a petition with the court, providing supporting documentation, and paying court fees.

• IID Requirement: Depending on the circumstances of your DUI arrest, 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 criminal case concludes and your suspension period ends, you'll need to take steps to reinstate your driver's license.

• Reinstatement Requirements: You'll need to:

• Pay a reinstatement fee to the Texas DPS.

• Provide proof of insurance (SR-22 insurance, see below).

• Complete any court-ordered classes or programs.

• Fees: The reinstatement fee varies, so contact the DPS 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. You'll likely be required to maintain SR-22 insurance for a period of time after a DUI.

• Classes/Programs That Must Be Completed: The court may order you to complete a DUI education program or community service. Completing these requirements is essential for license reinstatement.

Ward DMV Offices

Unfortunately, Ward County has no incorporated cities and a very small population. For DPS services, you will likely need to travel to a neighboring county. Here are a few options. Please verify hours and services offered before visiting:

• Monahans DPS Office:
• Pecos DPS Office:

(Always verify the address and hours of operation with the Texas DPS website before visiting.)

Special Programs

• Ignition Interlock Device (IID) Program: As mentioned earlier, an IID may be required as a condition of an ODL or after a DUI conviction. The IID prevents your vehicle from starting if it detects alcohol on your breath.

• Occupational License: We've already discussed the Occupational Driver's License (ODL), which allows you to drive for essential purposes during a suspension.

• Texas Department of Public Safety (DPS) Programs: The Texas DPS offers various programs related to driver safety and DUI prevention. Check the DPS website for more information.

A DUI arrest in Ward, Texas can be a stressful experience. However, understanding the ALR hearing process and taking prompt action can significantly impact your driving privileges. Don't hesitate to contact a qualified DUI attorney in Ward County to protect your rights and navigate the complexities of the legal system. Remember, the 15-day deadline to request an ALR hearing is critical. Act now to protect your license!