Armstrong County License Hearing Guide

Armstrong DUI License Suspension & ALR Hearing

Your life just took an unexpected turn. Being arrested for a DUI in Armstrong, Texas, is a serious situation, and your driver's license is immediately at risk. This guide is designed to provide you with the immediate, practical information you need to understand the license suspension process and fight to keep your driving privileges. It's crucial to understand that there are two separate proceedings related to your DUI: the criminal case in court, and an administrative case concerning your driver's license. This guide focuses on the administrative side.

Your License After a DUI Arrest in Armstrong

After a DUI arrest in Armstrong, the Texas Department of Public Safety (DPS) initiates a process separate from your criminal court case. This administrative process, known as the Administrative License Revocation (ALR) process, determines whether your driver's license will be suspended. Even if the criminal charges are later dismissed or reduced, your license can still be suspended through the ALR process. This is why understanding your rights and acting quickly is vital.

CRITICAL DEADLINE: Request Hearing Within 15 Days

The most crucial piece of information you need to know is this: You have only 15 days from the date of your arrest to request an ALR hearing. This deadline is non-negotiable. If you miss it, your license will be automatically suspended.

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

• How to Request: You can request the hearing in one of several ways:

• Online: Visit the Texas DPS website (search for "Texas DPS ALR Hearing Request").

• Phone: Call the Texas DPS at the number provided on your temporary driving permit or arrest paperwork. Be prepared to provide your driver's license number and other identifying information.

• Mail: Send a written request by certified mail, return receipt requested, to the address provided on your temporary driving permit or arrest paperwork. Keep a copy of your request and the certified mail receipt as proof of timely submission.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended, and you will lose your opportunity to challenge the suspension administratively. Don't let this happen. Act now!

Automatic License Suspension

Whether your license is automatically suspended depends on whether you took a breath or blood test and the results, or if you refused testing altogether.

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. The length of the suspension depends on your prior record.

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have received a temporary driving permit. This permit is typically valid for 40 days from the date of your arrest. It allows you to drive until your ALR hearing (if requested) or until the suspension officially begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test in Texas carries a harsher penalty than failing the test. Expect a longer suspension period if you refused.

• 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 consented to submit to a breath or blood test if lawfully arrested for DUI. Refusal to do so can result in an automatic license suspension, even without a DUI conviction.

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial to fighting your license suspension.

What It Is

• Separate From Criminal Court: Remember, the ALR hearing is completely separate from your criminal DUI case. Even if your criminal case is dismissed, you can still lose your license through the ALR process.

• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the DPS had sufficient legal grounds to suspend your 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 "preponderance of the evidence" (more likely than not) that the arrest was lawful and that you either failed or refused the breath/blood test.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): Any evidence that supports your case should be gathered. This could include witness statements, dashcam footage (if available), or any other information that challenges the validity of the arrest or the breath/blood test results.

• Consider Hiring a DUI Attorney: A qualified DUI attorney can represent you at the ALR hearing, present evidence on your behalf, cross-examine witnesses, and argue for the dismissal of the suspension. This is highly recommended, as the legal process can be complex.

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

• Whether the officer had probable cause to stop you.

• Whether the officer had reasonable suspicion to request a breath or blood test.

• Whether the breath or blood test was administered correctly.

• Whether you were properly informed of the consequences of refusing the test.

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 restored.

• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Texas

Even if your license is suspended, you may be able to obtain a hardship license, also known as an Occupational License, in Texas. This allows you to drive for essential purposes, such as work, school, or medical appointments.

• Eligibility Requirements: To be eligible for an Occupational License, you must meet certain requirements, including:

• Having your license suspended for a reason other than medical or mental incapacity.

• Demonstrating a need to drive for essential purposes.

• Filing a petition with the court in the county where you reside or where the offense occurred.

• What You Can Drive For (Work, School, Medical): An Occupational License typically allows you to drive only for work, school, or essential medical appointments.

• Costs and Application Process: The application process involves filing a petition with the court, paying court fees, and obtaining a court order granting the Occupational License.

• IID Requirement: The court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining an Occupational License, especially if you have prior DUI convictions or a high BAC.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends (whether from the ALR process or the criminal case), you will need to fulfill certain requirements 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, which is a certificate of financial responsibility, for a specified period.

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

Armstrong DMV Offices

Unfortunately, Armstrong County has no population, and therefore no dedicated DMV office. You will need to travel to a nearby county. Use the Texas DPS website to find the nearest office and confirm hours of operation.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals with DUI convictions to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath.

• Occupational License: As discussed above, an Occupational License allows you to drive for essential purposes during a license suspension.

Being arrested for DUI in Armstrong is a serious matter. Understanding the ALR process and acting quickly to protect your driving privileges is crucial. Request that ALR hearing within 15 days. Consider consulting with a qualified DUI attorney to discuss your legal options and ensure the best possible outcome in your case.