Bedford County License Hearing Guide

Bedford County DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating a DUI in Bedford, Tennessee)

After a DUI arrest in Bedford, Tennessee, you face two separate legal processes: a criminal case in court and an administrative process concerning your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your driver's license and the steps you can take to challenge it through an Administrative License Revocation (ALR) hearing. Understanding this process is crucial, as failing to act quickly can result in an automatic license suspension, independent of the outcome of your criminal case.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an ALR hearing with the Tennessee Department of Safety and Homeland Security (TDOSHS). This deadline is strict, and missing it will result in an automatic suspension of your driver's license.

• Where to request: The Tennessee Department of Safety and Homeland Security (TDOSHS) handles ALR hearings.
• How to request: The exact method for requesting an ALR hearing should be confirmed with the TDOSHS, as procedures can change.
• What happens if you miss the deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There is no appeal or exception to this rule.

Automatic License Suspension

A DUI arrest in Bedford County can lead to an automatic license suspension, regardless of the criminal court proceedings. The reason for the suspension and its length depend on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing altogether.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Content (BAC) was 0.08 or higher, Tennessee law dictates an automatic license suspension. The duration of the suspension varies depending on factors such as prior DUI offenses.

• BAC over 0.08: Your license will be suspended. Contact the TDOSHS for the specific duration based on your circumstances.
• Temporary permit: You may have been issued a temporary driving permit at the time of your arrest. This permit is valid for a limited time, usually until your ALR hearing or until the suspension officially begins.

If You Refused Testing

Refusing to submit to a breath or blood test carries more severe penalties under Tennessee's implied consent laws.

• Refusal Suspension: Refusal to submit to a test can result in automatic license suspension under Tennessee's implied consent laws.
• Implied Consent Law: By driving on Tennessee roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries significant consequences, including a longer license suspension than if you had taken and failed the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. It is conducted by the TDOSHS and focuses solely on whether your driver's license should be suspended.

• Separate from criminal court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides if license suspension is warranted: The purpose of the hearing is to determine whether there was sufficient legal basis for your DUI arrest and whether your license should be suspended as a result.
• Lower burden of proof than criminal trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The TDOSHS only needs to show that it is more likely than not that you were driving under the influence, rather than proving it beyond a reasonable doubt.

How to Prepare

Proper preparation for your ALR hearing is essential to maximize your chances of avoiding a license suspension.

• Gather evidence: Gather any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Understand what you can challenge: You can challenge various aspects of the DUI stop and arrest, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the field sobriety tests were administered correctly.
• Whether the breathalyzer or blood test was properly administered and the results are accurate.

Possible Outcomes

The ALR hearing can result in one of several outcomes:

• Suspension Upheld: If the hearing officer finds that the TDOSHS has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the TDOSHS 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, allowing you to drive for limited purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Tennessee

Even with a license suspension, you might be eligible for a restricted or hardship license.

• Eligibility Requirements: To be eligible for a restricted license in Tennessee after a DUI, you typically need to meet certain requirements, including a waiting period (often 30 days), proof of enrollment in a DUI education program, and potentially the installation of an ignition interlock device (IID).
• What You Can Drive For: Restricted licenses typically allow driving for essential purposes only, such as:
• Work
• School
• Medical appointments
• Costs and Application Process: The costs and application process for a restricted license in Tennessee involve filing an application with the TDOSHS and paying a fee. Contact the TDOSHS for the most up-to-date information on fees and procedures.
• IID Requirement: An Ignition Interlock Device (IID) may be required for a restricted license in Tennessee, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

Getting your license reinstated after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: To reinstate your license after a DUI conviction in Tennessee, you will typically need to:
• Serve the full suspension period.
• Complete a DUI alcohol and drug treatment program.
• Pay all reinstatement fees.
• Provide proof of SR-22 insurance.
• Fees: Contact the TDOSHS for the current license reinstatement fees.
• SR-22 Insurance Requirement: You will likely 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 DUI education programs or attend victim impact panels as part of your sentence.

Bedford County DMV Offices

• Tennessee Department Of Transportation: 2109 Wartrace Pike, Shelbyville, TN 37160. Phone: (931) 685-5026. Hours: Monday-Friday, 7:00 AM to 3:30 PM.

Special Programs

• Ignition Interlock Device Program: Tennessee requires the installation of an ignition interlock device (IID) for repeat DUI offenders and may require it for first-time offenders under certain circumstances. The IID prevents the vehicle from starting if the driver's BAC exceeds a pre-set limit.
• Occupational License: Tennessee law does not specifically provide for an "occupational license" for DUI offenders. However, a restricted license may allow you to drive for work-related purposes.

Frequently Asked Questions

Q: How long will my license be suspended for a first-time DUI in Bedford County? A: The length of the suspension varies based on BAC level and other factors. You must request an ALR hearing within 15 days to challenge it.

Q: Can I get a hardship license if my license is suspended after a DUI in Bedford County? A: Yes, you may be eligible for a restricted license for work, school, or medical appointments, but you must meet specific requirements.

Q: Where do I go to reinstate my license after a DUI suspension in Bedford County? A: You can begin the reinstatement process at the Tennessee Department Of Transportation located at 2109 Wartrace Pike, Shelbyville, TN 37160.