Milam County License Hearing Guide

Milam DUI License Suspension & ALR Hearing

A DUI arrest in Milam, Texas can trigger two separate legal processes: a criminal case and an administrative license suspension. This guide focuses on the administrative side – specifically, how to protect your driving privileges after a DUI arrest. It's crucial to understand that even if your criminal case is dismissed, your license can still be suspended.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

After a DUI arrest in Milam County, you have an extremely short window to protect your driver's license: 15 days. This is the deadline to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension of your driver's license and potentially maintain your driving privileges.

Where to Request an ALR Hearing:

You must request your ALR hearing from the Texas Department of Public Safety (DPS).

How to Request an ALR Hearing:

You have a few options for requesting your hearing:

• Online: The Texas DPS website often allows online ALR hearing requests. Check the official Texas DPS website and search for "ALR Hearing Request."
• Phone: You can call the Texas DPS to request a hearing. Look up the specific DPS phone number on their website. Be prepared to provide your driver's license number, date of birth, and details about your arrest.
• Mail: You can send a written request by mail. This is generally the least recommended option due to the time constraints. If you choose this route, send it certified mail with return receipt requested to ensure proof of delivery. Address your letter to the Texas Department of Public Safety – Driver License Division, ALR Hearings. You will need to research the correct mailing address on the DPS website.

What Happens If You Miss the Deadline?

Missing the 15-day deadline is a critical error. If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly! Don't delay; request the hearing immediately.

Automatic License Suspension

Even if you request an ALR hearing, your license will be subject to an automatic suspension depending on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, your license suspension period will typically be 90 days for a first offense.
• Temporary Permit: The officer likely provided you with a temporary driving permit. This permit is usually valid for 40 days, or until your ALR hearing if one is scheduled within that timeframe. Your suspension will begin after the temporary permit expires or after the hearing if you lose.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty in Texas. If you refused testing, your license suspension period is typically 180 days for a first offense.
• Implied Consent Law in Texas: By driving on Texas roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply can result in the extended suspension mentioned above, regardless of whether there was sufficient evidence to convict you of DUI in criminal court.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to fight your license suspension. Understanding the process is key.

What It Is

• Separate from Criminal Court: This is a civil proceeding, entirely separate from your criminal DUI case. The outcome of the ALR hearing does not directly impact the criminal case, and vice versa.
• Decides License Suspension: The purpose of the ALR hearing is to determine whether the Texas DPS had sufficient legal grounds to suspend your driver's license.
• Lower Burden of Proof: The DPS only needs to prove its case by a "preponderance of the evidence," meaning it's more likely than not that the suspension is justified. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

• Gather Evidence: Collect any evidence that might support your case. This could include witness statements, dashboard camera footage, photos, or anything that casts doubt on the validity of the arrest or the BAC results.
• Consider Hiring a DUI Attorney: Navigating the ALR process can be complex. A qualified Milam County DUI attorney can represent you at the hearing, present evidence, cross-examine witnesses, and argue on your behalf. This significantly increases your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge various aspects of the DPS's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were lawfully arrested for DUI.
• Whether you were properly advised of your rights regarding chemical testing.
• Whether the breath or blood test was administered and analyzed correctly.
• The accuracy of the breath or blood test results.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the DPS met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DPS did not meet its burden of proof, your license suspension will be overturned, and your driving privileges will be restored (unless there are other reasons for suspension).
• 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

A hardship or restricted license can be a lifeline if your license is suspended.

• Eligibility Requirements: You may be eligible for an occupational license (also known as a hardship license) in Texas if your license is suspended for a DUI. Generally, you must demonstrate a need to drive for essential purposes, such as work, school, or medical appointments. You must also not have any other suspensions or revocations on your record.
• What You Can Drive For: An occupational license typically restricts your driving to specific times and locations related to work, school, or essential household duties.
• Costs and Application Process: The application process involves filing a petition with the court in the county where you reside or where the offense occurred (Milam County). You'll need to provide documentation supporting your need to drive. There are court costs and fees associated with obtaining an occupational license.
• IID Requirement: In some cases, 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

Navigating the reinstatement process can be confusing.

After Criminal Case Concludes

• Reinstatement Requirements: After your suspension period ends (whether stemming from the ALR hearing or a criminal conviction), you will need to meet 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 period of time (typically two years) after your license is reinstated.
• Classes/Programs That Must Be Completed: Depending on the specifics of your case, you may be required to complete a DUI education program or other court-ordered classes.

Milam DMV Offices

Unfortunately, Milam County is a Tier 3 county, which means it likely does not have a dedicated full-service DPS office directly within the county. You will likely need to travel to a neighboring county. It is best to check the Texas DPS website for the most up-to-date information on the nearest driver's license offices and their hours of operation. Potential locations include:

• [Research nearby DPS offices in neighboring counties and list addresses and hours. Example: "Bryan DPS Office: 205 E 28th St, Bryan, TX 77803. Hours: M-F 8am-5pm"]

Always call ahead to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: As mentioned above, an IID may be required as a condition of probation or for obtaining an occupational license. The Texas DPS website has information about approved IID providers.
• Occupational License: We've already discussed this above as a hardship license.
• Texas Driver Responsibility Program: (Note: While this program was repealed in 2019, some older cases may still be affected. It's worth mentioning briefly.) This program previously assessed surcharges for certain traffic offenses, including DUI. If your DUI occurred before 2019, you may want to check if you have any outstanding surcharges.

Disclaimer: This information is intended for general guidance only and should not be considered legal advice. DUI laws are complex and subject to change. It is crucial to consult with a qualified Milam County DUI attorney for personalized advice regarding your specific situation.