Bedford County License Hearing Guide

Bedford DUI License Suspension & ALR Hearing

Losing your driving privileges after a DUI arrest in Bedford, Tennessee, can be devastating. It impacts your ability to get to work, school, and take care of your daily responsibilities. It’s crucial to understand that your DUI case involves two separate processes: a criminal court case and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically the potential suspension of your license and the Administrative License Revocation (ALR) hearing. Time is of the essence! You must act quickly to protect your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Bedford, the Tennessee Department of Safety and Homeland Security (TDOSHS) may attempt to suspend your driver’s license. You only have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing gives you the opportunity to challenge the suspension of your license.

Where to Request: Tennessee Department of Safety and Homeland Security (TDOSHS).

How to Request: While specific online or phone request options may vary, the most reliable method is often to submit a written request by certified mail. This ensures proof of delivery and avoids any potential delays. Your attorney, if you have one, can handle this for you. Your request should include:

• Your full name
• Your driver's license number
• Your date of birth
• Your current address
• The date of your DUI arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your license.

Send your request to:

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. There are very few exceptions to this rule, so acting promptly is vital. Do not delay!

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, your license may be suspended independently through the administrative process. The grounds for suspension depend on whether you took a breath or blood test and, if so, the results.

If You Took the Breath/Blood Test and Failed

If you submitted to a breath or blood test and your Blood Alcohol Concentration (BAC) was 0.08% or higher, the TDOSHS will likely suspend your license.

• BAC over 0.08: The suspension period for a first offense is typically [Research and insert Tennessee first offense suspension length here].
• Temporary Permit: You may have received a temporary driving permit after your arrest. This permit is valid until your ALR hearing or until the suspension period begins if you don't request a hearing or if the suspension is upheld.

If You Refused Testing

Tennessee, like most states, has an "implied consent" law. This means that by driving on Tennessee roads, you have implicitly agreed to submit to chemical testing (breath, blood, or urine) if lawfully requested by a law enforcement officer who has reasonable grounds to believe you are driving under the influence.

• Refusal Penalty: Refusing to submit to testing carries a harsher penalty than failing the test. The suspension period for refusing a chemical test is typically [Research and insert Tennessee refusal suspension length here], which is usually longer than the suspension for a failed test.
• Implied Consent Law in Tennessee: Be aware that refusing a chemical test can also be used against you in your criminal DUI case.

The ALR/Administrative Hearing

The ALR hearing is a crucial opportunity to challenge the suspension of your driver’s license. Understanding its purpose and how to prepare is essential.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil proceeding, separate and distinct from your criminal DUI case. The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the TDOSHS has sufficient evidence to justify suspending your driver's license based on the circumstances of your DUI arrest.
• 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 prove their 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," which is required in criminal court.

How to Prepare

Proper preparation is key to maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This could include:
• Witness statements
• Dashboard camera footage (if available)
• Medical records
• Any other documentation that contradicts the police officer's account of the events.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Bedford County can provide invaluable assistance in preparing for and representing you at the ALR hearing. They can:
• Gather and analyze evidence
• Cross-examine witnesses
• Present legal arguments on your behalf
• Negotiate with the TDOSHS.
• Understand What You Can Challenge: You can challenge various aspects of the TDOSHS's case, including:
• Whether the police officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the chemical test was administered properly.
• Whether your BAC was accurately measured.

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: [Research and insert Tennessee eligibility requirements for a restricted license after a DUI here]. This often includes a waiting period, proof of enrollment in DUI education programs, 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: [Research and insert Tennessee costs and application process for a restricted license here]. This usually involves filing an application with the TDOSHS and paying a fee.
• IID Requirement: [Research and confirm if IID is required for a restricted license in Tennessee after a first DUI offense. Insert details here].

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: [Research and insert Tennessee license reinstatement requirements after a DUI conviction here].
• Fees: [Research and insert Tennessee license reinstatement fees here].
• 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 DMV Offices

[Research and insert Bedford, TN DMV/TDOSHS office addresses and hours here. Include the nearest full-service driver's license centers.]

Example (Replace with accurate Bedford information):

• Bedford County Clerk's Office (limited services): 1 Public Square, Shelbyville, TN 37160. Hours: Monday-Friday, 8:00 AM - 4:30 PM.
• Murfreesboro Driver Services Center (full service): .

Special Programs

• Ignition Interlock Device Program: [Research and insert details about Tennessee's IID program, including eligibility requirements and costs].
• Occupational License: [Research and insert information about occupational licenses in Tennessee and whether they are available for DUI offenders].
• Any State-Specific Programs: [Research and insert any other relevant state-specific programs for DUI offenders in Tennessee].

This information is intended for general guidance only and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Bedford, Tennessee, to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical. Don't delay – act now!