Bedford County License Hearing Guide

Your License After a DUI Arrest in Bedford County

Following a DUI arrest in Bedford County, Tennessee, you face two separate but related legal processes: a criminal case in court and an administrative action against your driver's license by the Tennessee Department of Safety and Homeland Security (DOSHS). This guide focuses on the administrative side, specifically how to navigate the potential suspension of your driver's license. It's crucial to understand that the administrative process is separate from your criminal case, and the outcome of one does not automatically determine the outcome of the other.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Tennessee law requires you to request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest to challenge a potential license suspension. This is a strict deadline.

To request a hearing, contact the Tennessee Department of Safety and Homeland Security. While specific contact information for scheduling ALR hearings is unavailable in the provided research, you can contact the public information line at (866) 903-7357 for guidance.

Missing this 15-day deadline results in an automatic suspension of your driver's license. There are very limited exceptions to this rule, so act quickly.

Automatic License Suspension

Even before your criminal case is resolved, your license may be automatically suspended based on the circumstances of your arrest.

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, TN law mandates a license suspension. The specific duration of the suspension depends on factors like prior DUI convictions.

Upon arrest, you likely received a temporary driving permit. This permit remains valid until your ALR hearing or until the suspension officially begins, whichever comes first.

If You Refused Testing

Tennessee's implied consent law means that by driving on Tennessee roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test.

Refusal to submit to testing results in an administrative license suspension. The duration of this suspension increases with each subsequent refusal.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal case in Bedford County General Sessions Court. The purpose of the hearing is to determine whether the Tennessee Department of Safety and Homeland Security has sufficient evidence to suspend your driver's license.

The burden of proof in an ALR hearing is lower than in a criminal trial. The DOSHS only needs to show that it is more likely than not that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is essential to maximizing your chances of retaining your driving privileges.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage, or expert testimony.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, including the legality of the traffic stop, the administration of the breath or blood test, and the accuracy of the testing equipment. Given the recent "sober DUI" controversy in Bedford County, defense attorneys are aggressively challenging the initial probable cause for traffic stops and questioning the reliability of Standardized Field Sobriety Tests (SFSTs).

Possible Outcomes

• Suspension Upheld: If the hearing officer finds sufficient evidence that you were driving under the influence, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the DOSHS has not met its burden of proof, your license suspension will be overturned.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances.

Hardship/Restricted License in Tennessee law allows for restricted driving privileges under specific circumstances. These licenses typically allow driving for essential purposes such as:

• Work
• School
• Medical appointments

Eligibility requirements for a restricted license vary depending on the specifics of your case and the length of your suspension. An Ignition Interlock Device (IID) may be required as a condition of a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps, which may include:

• Serving the full suspension period
• Paying reinstatement fees to the Tennessee DMV
• Filing proof of SR-22 insurance
• Completing any required DUI education programs or treatment.

Bedford County DMV Offices

The specific location and hours of the Bedford County DMV office are unavailable in the provided research. Contact the public information line at (866) 903-7357 for assistance.

Special Programs

• Ignition Interlock Device Program: Tennessee requires IIDs for repeat DUI offenders and may require them for first-time offenders seeking restricted licenses.
• Occupational License: Tennessee offers occupational driving licenses for individuals whose licenses have been suspended or revoked for specific reasons.

Frequently Asked Questions

Q: How has the "sober DUI" controversy affected DUI cases in Bedford County?

A: Following the dismissal of 41 DUI cases involving a single THP trooper in Bedford County, the General Sessions Court is showing increased skepticism towards law enforcement testimony, especially regarding subjective impairment markers.

Q: Where is the Bedford County Jail located?

A: The Bedford County Jail, part of the Sheriff's Office, is located in the Bedford County Justice Complex at 110 Northcreek Drive, Shelbyville, TN 37160.

Q: Where do misdemeanor DUI cases begin in Bedford County?

A: All misdemeanor DUI cases in Bedford County begin in the General Sessions Court, located in the Bedford County Judicial Center at 108 Northcreek Drive, Shelbyville, TN 37160.