Blount County License Hearing Guide

Blount DUI License Suspension & ALR Hearing: Fight to Keep Driving

If you've just been arrested for DUI in Blount County, Tennessee, you're likely facing a whirlwind of confusing information. One of the most immediate concerns is your driver's license. It's critical to understand that your driving privileges are at risk through a process separate from your criminal case. This is the Administrative License Revocation (ALR) process, and it can lead to a license suspension even if you're ultimately found not guilty in criminal court. This guide explains the ALR process in Blount County and how to fight for your right to drive.

Your License After a DUI Arrest in Blount

A DUI arrest in Tennessee triggers two separate legal processes: a criminal case and an administrative action against your driver's license. The criminal case deals with whether you're guilty of the DUI offense. The administrative process, handled by the Tennessee Department of Safety (DOS), deals with whether your driving privileges should be suspended. Understanding this distinction is crucial. You can win your criminal case but still lose your license if you don't act quickly in the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license. Don't delay!

• Where to Request: The hearing is requested through the Tennessee Department of Safety (DOS).

• How to Request: You must request the hearing in writing. While online options may be available, it's often best to send a certified letter to ensure proof of delivery. Include your full name, address, date of birth, driver's license number, and a clear statement requesting an ALR hearing related to your DUI arrest on [Date of Arrest] in Blount County.

The address to send the request to is:

• What Happens if You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. The length of the suspension depends on the circumstances of your arrest (whether you took a breath/blood test and the results, or whether you refused testing).

Automatic License Suspension

The length of your license suspension depends 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

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08 or higher, you face an automatic license suspension. The exact length of the suspension for a first offense in Tennessee varies but typically ranges from .

• Temporary Permit Valid Until Hearing or Suspension Begins: After your arrest, you should have been issued a temporary driving permit. This permit is valid until your ALR hearing (if you requested one) or until the date your suspension officially begins (if you didn't request a hearing or if the hearing officer upholds the suspension).

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a harsher penalty than failing the test. In Tennessee, refusing testing results in a longer suspension period. Expect a suspension of approximately .

• Implied Consent Law in Tennessee: Tennessee, like most states, has an implied consent law. This means that by driving on Tennessee roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing is a separate violation with its own consequences.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: Remember, this hearing is not your criminal trial. It's a civil proceeding conducted by the Tennessee Department of Safety. The outcome of the ALR hearing does not directly impact your criminal case, and vice versa.

• Decide if License Suspension is Warranted: The purpose of the hearing is to determine whether the state has sufficient evidence to suspend your license based on 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 state only needs to show "preponderance of the evidence" (more likely than not) that you were driving under the influence. This means it's easier for the state to suspend your license in the ALR hearing than to convict you of DUI in criminal court.

How to Prepare

• Gather Evidence (Witness Statements, Video, etc.): Start gathering any evidence that supports your case. This might include witness statements, video footage (if available), or any documentation that casts doubt on the validity of the DUI stop or testing procedures.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Blount County can be invaluable. They understand the ALR process, the relevant laws, and the arguments that are most likely to succeed. They can also represent you at the hearing, ensuring your rights are protected.

• Understand What You Can Challenge: You can challenge various aspects of the case at the ALR hearing, including:

• Whether the officer had reasonable suspicion to stop you.

• Whether you were lawfully arrested for DUI.

• Whether you were properly advised of your implied consent rights.

• Whether the breath/blood test was administered correctly and the results are accurate.

• Whether you actually refused testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the state has met its burden of proof, your license suspension will be upheld.

• Suspension Overturned: If the hearing officer finds that the state 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 your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive for specific purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Tennessee

Even with a suspended license, you may be able to obtain a restricted license allowing you to drive under certain circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license vary. Generally, you must show that you need to drive for essential purposes, such as getting to and from work, school, or medical appointments. You may also need to complete a portion of your suspension period before becoming eligible. Consult with a DUI attorney to determine your eligibility.

• What You Can Drive For (Work, School, Medical): A restricted license typically limits you to driving for specific purposes, such as travel to and from work, school, medical appointments, and court-ordered activities.

• Costs and Application Process: The application process for a restricted license involves completing an application form, providing supporting documentation (such as proof of employment or enrollment in school), and paying a fee.

• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the outcome of your criminal case and the length of your suspension. Generally, you will need to:

• Serve the full suspension period.

• Complete any court-ordered DUI education or treatment programs.

• Pay reinstatement fees to the Tennessee Department of Safety.

• Provide proof of SR-22 insurance.

• Fees: Reinstatement fees vary and can be significant. Contact the Tennessee Department of Safety for the current fee schedule.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state after a DUI conviction. It demonstrates that you have the minimum required liability insurance coverage.

• Classes/Programs that Must be Completed: You may be required to complete DUI education classes, alcohol and drug treatment programs, or community service as part of your DUI sentence.

Blount DMV Offices

Unfortunately, I cannot provide you with a list of Blount County DMV/DPS offices and their hours. This information changes frequently. You can find the most up-to-date information by:

• Visiting the Tennessee Department of Safety website (www.tn.gov/safety)
• Searching online for "Blount County TN DMV"

Special Programs

• Ignition Interlock Device Program: Tennessee has an Ignition Interlock Device (IID) program for DUI offenders. An IID is a device installed in your vehicle that requires you to blow into it to test your BAC before starting the car. If your BAC is above a pre-set limit, the car will not start.

• Occupational License: An occupational license may be available if you are not eligible for a restricted license but need to drive for work purposes. The requirements are often stricter than for a restricted license.

• Alcohol & Drug Safety Action Program (ADSAP): This program is often required for DUI offenders and involves assessment, education, and treatment services.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified DUI attorney in Blount County, Tennessee, to discuss your specific situation and legal options. Time is of the essence, so contact an attorney today to protect your rights and your driving privileges.