Andrews County License Hearing Guide

Andrews DUI License Suspension & ALR Hearing

If you've just been arrested for Driving Under the Influence (DUI) in Andrews, Texas, you're likely feeling overwhelmed and confused. One of your immediate concerns should be protecting your driving privileges. This guide will walk you through the process of license suspension and the Administrative License Revocation (ALR) hearing, providing crucial information to help you navigate this challenging time. It's important to understand that the ALR process is separate from the criminal charges you're facing, and failing to act quickly can result in an automatic license suspension.

Your License After a DUI Arrest in Andrews

Following a DUI arrest in Andrews, you're facing two separate legal battles: a criminal case in court and an administrative process with the Texas Department of Public Safety (DPS). The criminal case deals with the actual DUI charges, while the administrative process, known as the ALR process, determines whether your driver's license will be suspended. Even if you are ultimately found not guilty in your criminal case, your license can still be suspended through the ALR process. This is because the burden of proof is lower in the administrative hearing. Therefore, understanding and acting quickly within the ALR process is vital to preserving your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have only 15 days from the date of your arrest to request an ALR hearing to contest the potential suspension of your driver's license. This deadline is strictly enforced.

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

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

• Online: Visit the Texas DPS website (search for "Texas ALR Hearing Request"). Look for the online portal and follow the instructions.

• Mail: Send a written request to the address provided on the DIC-24 (Notice of Suspension) form you received from the arresting officer. If you don't have the form, contact the DPS directly for the correct address.

• Phone: While not the preferred method (as written documentation is best), you can attempt to request a hearing by calling the DPS. Be prepared to provide your driver's license number and details of your arrest.

• What Happens If You Miss the Deadline: Missing the 15-day deadline results in an automatic suspension of your driver's license. There are very few exceptions to this rule. Therefore, it is critical to act immediately. Don't delay!

Automatic License Suspension

The Texas DPS can automatically suspend your driver's license based on the circumstances of your DUI arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your breath or blood alcohol concentration (BAC) was 0.08 or higher, your license will be suspended for 90 days for a first offense.

• 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 date of your scheduled ALR hearing or until the suspension period officially begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a heavier penalty. Your license will be suspended for 180 days for a first offense.

• Implied Consent Law in Texas: Texas, like all states, has an implied consent law. This means that by driving on Texas roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law results in administrative penalties, as outlined above.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the proposed suspension of your driver's license.

What It Is

• Separate from Criminal Court: This is a crucial point. The ALR hearing is a civil administrative proceeding conducted by the Texas DPS. It is entirely separate from your criminal DUI case in court.

• 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.

• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is warranted. This is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

• Gather Evidence (Witness Statements, Video, Etc.): If you believe there are factors that support your case (e.g., improper stop, faulty testing equipment, medical condition), gather any evidence you can, such as witness statements, dashcam footage, or medical records.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Texas ALR hearings can be invaluable. They understand the legal procedures, can gather evidence on your behalf, and can present your case effectively.

• 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 you were lawfully arrested.

• Whether the breath or blood test was properly administered.

• Whether the BAC results were accurate.

• Whether you were properly informed of your rights regarding testing.

Possible Outcomes

• Suspension Upheld: The hearing officer finds that the DPS has met its burden of proof, and your license suspension will go into effect.

• Suspension Overturned: The hearing officer finds that the DPS has not met its burden of proof, and your license will not be suspended.

• 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 able to obtain an occupational license (also known as a hardship license) in Texas.

• Eligibility Requirements: You must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You typically need to show that you have no other means of transportation.

• What You Can Drive For (Work, School, Medical): An occupational license will specify the times and locations you are permitted to drive. It is typically restricted to essential activities like commuting to work, attending school, or going to medical appointments.

• Costs and Application Process: The application process involves filing a petition with the court and providing documentation to support your need for a restricted license. There are court fees associated with the application.

• 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 occupational license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and any court-ordered requirements are met, you'll need to take steps to reinstate your license.

• Fees: You will need to pay a reinstatement fee to the Texas DPS.

• SR-22 Insurance Requirement: You will likely be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a period of time (usually 2-3 years).

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or other court-ordered classes.

Andrews DMV Offices

Unfortunately, Andrews, TX does not have a dedicated DPS office. The nearest DPS offices are located in:

• Midland Driver License Office

• 2701 W. Wall St, Midland, TX 79701

• Hours: Monday-Friday 8am-5pm

• Phone: (432) 682-7705

• Odessa Driver License Office

• 3801 E 42nd St, Odessa, TX 79762

• Hours: Monday-Friday 8am-5pm

• Phone: (432) 368-4231

Please note that hours and services can change, so it's always best to call ahead before visiting.

Special Programs

• Ignition Interlock Device Program: Texas has an IID program that allows certain individuals to regain driving privileges sooner by installing a device in their vehicle that prevents it from starting if alcohol is detected.

• Occupational License: As discussed above, this allows driving for essential purposes even during a suspension.

• Texas Department of Transportation Safety Responsibility Program: This program monitors drivers who have been involved in accidents or have certain convictions, including DUI, to ensure they maintain financial responsibility (insurance).

This guide provides a general overview of the license suspension and ALR hearing process in Andrews, Texas. Because every case is unique, it's essential to consult with a qualified DUI attorney to discuss your specific circumstances and protect your rights. Don't delay – the 15-day deadline is crucial!