Wheeler County License Hearing Guide

Wheeler DUI License Suspension & ALR Hearing

A DUI arrest in Wheeler, Texas can be a frightening experience. Beyond the criminal charges you face, your driver's license is also immediately at risk. It's crucial to understand that the process of suspending your license is separate from your criminal case. This is called an Administrative License Revocation (ALR) and is handled by the Texas Department of Public Safety (DPS). This guide will walk you through the steps you need to take to protect your driving privileges after a DUI arrest in Wheeler County.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the most important piece of information you need to know right now: You have only 15 days from the date of your DUI arrest to request an ALR hearing. Failing to do so will result in an automatic suspension of your driver's license.

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

How to Request: You have a few options for requesting your ALR hearing:

• Online: The fastest and often most convenient method is to request the hearing online through the Texas DPS website. Look for the section related to driver license suspensions and ALR hearings.
• Phone: You can call the Texas DPS to request a hearing. Be prepared to provide your driver's license information and details about your arrest. The number to call is usually available on the DPS website under the ALR section.
• Mail: You can send a written request for an ALR hearing to the Texas DPS. Make sure to include your full name, date of birth, driver's license number, mailing address, date of arrest, and a clear statement requesting an ALR hearing related to your DUI arrest in Wheeler County. Send it certified mail with return receipt requested to ensure proof of delivery. Contact the DPS for the correct mailing address.

What Happens if You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This means you will be prohibited from driving legally in Texas. Don't let this happen! Act immediately.

Automatic License Suspension

The Texas Department of Public Safety (DPS) can automatically suspend your license based on the circumstances of your arrest. There are two primary scenarios:

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 length of the suspension depends on your prior driving record. Generally, a first-time offense results in a suspension period of 90 days to 1 year.
• Temporary Permit: You likely received a temporary driving permit at the time of your arrest. This permit is usually valid for 40 days, giving you time to request an ALR hearing. The temporary permit is valid until your hearing date or until the suspension begins, whichever comes first.

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. In Texas, a first-time refusal results in a suspension of 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. Refusal to do so has serious consequences, as outlined above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a separate process from the criminal DUI case, meaning the outcome of the ALR hearing doesn't necessarily impact the criminal case, and vice-versa (although a win in either can help the other).

What It Is

• Separate from Criminal Court: The ALR hearing is an administrative proceeding, not a criminal trial. It is conducted by an administrative law judge (ALJ) from the State Office of Administrative Hearings (SOAH).
• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the DPS has sufficient evidence to justify suspending your license. The DPS must prove that:
• You were lawfully arrested.
• There was probable cause to believe you were driving while intoxicated.
• You had a BAC of 0.08 or higher, or you refused to take a breath or blood test.
• Lower Burden of Proof than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that you were driving while intoxicated.

How to Prepare

• Gather Evidence: Start gathering any evidence that could support your case. This might include:
• Witness statements (if anyone saw you before the arrest).
• Video footage (from dashcams or security cameras).
• Medical records (if you have a medical condition that could affect your BAC reading).
• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A DUI attorney experienced in Wheeler County ALR hearings can help you:
• Prepare your case.
• Gather evidence.
• Cross-examine witnesses.
• Present a strong defense.
• Increase your chances of winning the hearing.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• The legality of the traffic stop.
• Whether there was probable cause for the arrest.
• The accuracy of the breath or blood test.
• Whether you were properly informed of your rights.

Possible Outcomes

• Suspension Upheld: If the ALJ finds that the DPS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the ALJ finds that the DPS has not met its burden of proof, your license suspension will be overturned, and you will retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license.

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a hardship or restricted license, also known as an Occupational Driver's License (ODL), which allows you to drive for essential purposes.

• Eligibility Requirements: Generally, you must demonstrate that you need to drive for:
• Work
• School
• Essential family needs
• Medical appointments
• What You Can Drive For: An ODL typically restricts you to driving for specific purposes, such as commuting to and from work, attending school, or going to medical appointments. The order granting the ODL will specify the permitted driving times and locations.
• Costs and Application Process: The application process for an ODL involves filing a petition with the court, providing supporting documentation, and paying filing fees. You will need to obtain a certified copy of your driving record from the DPS and provide proof of financial responsibility (SR-22 insurance).
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior driving record, 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 suspension period is over, you'll need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license, you will typically need to:
• Pay a reinstatement fee to the Texas DPS.
• Provide proof of completion of any required alcohol education courses or community service.
• Provide proof of financial responsibility (SR-22 insurance).
• Fees: The reinstatement fee varies but is generally around $125.
• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance for a period of time, typically two years. SR-22 insurance is a certificate of financial responsibility filed with the DPS by your insurance company.
• Classes/Programs that Must be Completed: You may be required to complete a DUI education course or a community service program as part of your criminal sentence. Proof of completion of these programs will be required to reinstate your license.

Wheeler DMV Offices

Unfortunately, Wheeler, Texas is a very small town and may not have a dedicated DPS office. You will likely need to travel to a neighboring town or city to visit a DPS office. Check the Texas DPS website for the nearest location. You can also handle many license-related issues online or by mail.

Special Programs

• Ignition Interlock Device Program: Texas has a mandatory IID program for certain DUI offenders. An IID is a device that is installed in your vehicle and requires you to blow into it before starting the engine. If the device detects alcohol, the vehicle will not start.
• Occupational License: As described above, an occupational license allows you to drive for essential purposes during your suspension.
• State-Specific Programs: Texas offers various programs related to DUI education and treatment. Your criminal sentence may require you to participate in one or more of these programs.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Wheeler, Texas. It is not a substitute for legal advice. If you have been arrested for DUI, you should consult with a qualified DUI attorney as soon as possible.