Bradley County License Hearing Guide

Bradley DUI License Suspension & ALR Hearing: Protect Your Driving Privileges

A DUI arrest in Bradley, Tennessee can trigger a complex legal process, and one of the most immediate concerns is the potential suspension of your driver's license. It's crucial to understand that there are two separate cases you'll be facing: a criminal case in court and an administrative case with the Tennessee Department of Safety (DOS). This guide focuses on the administrative side, specifically the process known as the Administrative License Revocation (ALR) hearing, and what you need to do immediately to protect your driving privileges. This is time-sensitive, so read carefully and act fast.

Your License After a DUI Arrest in Bradley

Following a DUI arrest in Bradley County, the arresting officer likely confiscated your physical driver's license and issued a temporary driving permit. This temporary permit is valid for a limited time, and its purpose is to allow you to drive until the ALR process determines whether your license will be suspended. It's vital to understand that the administrative process regarding your license is separate from the criminal DUI case. Even if the criminal charges are dismissed or reduced, your license could still be suspended through the ALR process. This guide explains the ALR hearing, how to request it, and what to expect.

CRITICAL DEADLINE: Request Hearing Within 15 Days

YOU HAVE ONLY 15 DAYS FROM THE DATE OF YOUR DUI ARREST TO REQUEST AN ALR HEARING.

This is not a suggestion; it's a firm deadline. Missing this deadline will result in the automatic suspension of your driver's license.

• Where to request: The Tennessee Department of Safety (DOS) handles ALR hearings.

• How to request: You can request a hearing by contacting the Tennessee Department of Safety Driver Improvement Division. While specifics on online and phone requests may vary, the most reliable method is usually through certified mail. Check the Tennessee Department of Safety website or consult with a DUI attorney for the most up-to-date contact information and preferred methods.

• By Mail: Send a written request for an ALR hearing via certified mail with return receipt requested to the appropriate address. This provides proof that your request was received within the 15-day deadline. Include your full name, date of birth, driver's license number, date of arrest, and a clear statement requesting an ALR hearing.

It is highly recommended to consult with a DUI attorney immediately. They can ensure the request is filed correctly and on time.

• What happens if you miss the deadline: If you fail to request a hearing within 15 days of your DUI arrest, your driver's license will be automatically suspended. The length of the suspension depends on whether you took a breath/blood test and whether you failed it or refused to take it. Don't let this happen to you!

Automatic License Suspension

Even if you request an ALR hearing, your license may be automatically suspended pending the outcome of the hearing. The reason for the potential suspension depends on the circumstances of your arrest.

If You Took the Breath/Blood Test and Failed

• BAC over 0.08: If your blood alcohol content (BAC) was 0.08% or higher, your license will likely be suspended for a period determined by Tennessee law. The specific length of the suspension will depend on whether this is your first offense and other factors. Consult with a DUI attorney to determine the exact suspension period.

• Temporary permit valid until hearing or suspension begins: As mentioned earlier, the temporary permit issued at the time of your arrest allows you to drive until the ALR hearing or until the suspension officially begins (whichever comes first).

If You Refused Testing

• Refusal penalty: Refusing to submit to a breath, blood, or urine test carries a stricter penalty than failing the test. In Tennessee, refusing to take a chemical test usually results in a longer license suspension than failing the test.

• Implied consent law in Tennessee: 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 if lawfully arrested for DUI. Refusal to do so carries significant consequences, including a longer license suspension.

The ALR/Administrative Hearing

What It Is

The Administrative License Revocation (ALR) hearing is a separate administrative proceeding from your criminal DUI case. It's conducted by the Tennessee Department of Safety (DOS) and focuses solely on whether the state has sufficient evidence to suspend your driver's license.

• Separate from criminal court: The outcome of the ALR hearing does not directly determine the outcome of your criminal DUI case, and vice versa. You can win the ALR hearing and still be convicted of DUI in criminal court (and vice versa).

• Decide if license suspension is warranted: The purpose of the ALR hearing is to determine if the arresting officer had probable cause to believe you were driving under the influence and if you were lawfully arrested.

• 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 prove its case by a "preponderance of the evidence," meaning it's more likely than not that you were driving under the influence.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather evidence (witness statements, video, etc.): Gather any evidence that supports your case. This might include witness statements, dashcam footage, or any other information that challenges the arresting officer's account.

• Consider hiring a DUI attorney: A DUI attorney specializing in Tennessee law is highly recommended. They understand the ALR process, can represent you at the hearing, and can present your case effectively. They can also help you navigate the complexities of Tennessee DUI law.

• Understand what you can challenge: You can challenge various aspects of the state's case, including:

• Whether the officer had probable cause to stop you.

• Whether the officer properly administered the field sobriety tests.

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

• Whether you were properly informed of your rights.

Possible Outcomes

There are three possible outcomes of the ALR hearing:

• Suspension upheld: The Department of Safety finds sufficient evidence to support the suspension of your driver's license.

• Suspension overturned: The Department of Safety does not find sufficient evidence, and your driver's license is reinstated.

• 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 under certain conditions.

Hardship/Restricted License in Tennessee

Tennessee allows for hardship or restricted licenses under specific circumstances. These licenses allow you to drive to and from work, school, medical appointments, and other essential locations.

• Eligibility requirements: Eligibility requirements vary depending on the circumstances of your case, including whether it's your first offense and the reason for the suspension.

• What you can drive for (work, school, medical): A restricted license typically allows you to drive only for essential purposes, such as getting to and from work, school, medical appointments, and court-ordered obligations.

• Costs and application process: Applying for a restricted license involves specific forms, fees, and documentation. Consult the Tennessee Department of Safety website or a DUI attorney for detailed information.

• IID requirement: In some cases, a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle. This device requires you to blow into it before starting the car, and it prevents the car from starting if alcohol is detected.

Getting Your License Back

Even if your license is suspended, you can eventually get it reinstated.

After Criminal Case Concludes

The requirements for reinstating your license often depend on the outcome of your criminal DUI case.

• Reinstatement requirements: Common reinstatement requirements include:

• Paying reinstatement fees.

• Completing a DUI education program or alcohol and drug assessment.

• Providing proof of SR-22 insurance.

• Fees: Reinstatement fees vary and are determined by the Tennessee Department of Safety.

• SR-22 insurance requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state, proving that you have the required liability coverage.

• Classes/programs that must be completed: You may be required to complete a DUI education program or alcohol and drug assessment and follow any recommendations made by the evaluator.

Bradley DMV Offices

Contact the following DMV office for information regarding license reinstatement:

[IMPORTANT: This section needs to be populated with specific information about the local DMV office in Bradley County, TN. Include the address, phone number, and hours of operation. Example:

Bradley County Clerk's Office Address: 925 N Ocoee St, Cleveland, TN 37311 Phone: (423) 728-7222 Hours: Monday-Friday, 8:30 AM - 5:00 PM]

Check the Tennessee Department of Safety website for the most current and accurate information.

Special Programs

• Ignition Interlock Device Program: If required, the Tennessee IID program allows you to regain driving privileges sooner by installing a breathalyzer device in your vehicle.

• Occupational License: An occupational license allows you to drive for work purposes even while your license is suspended, subject to certain restrictions.

• Any state-specific programs: Check with your DUI attorney or the Tennessee Department of Safety for information about any other programs that may be available to help you regain your driving privileges.

Disclaimer: This guide provides general information about DUI license suspension and ALR hearings in Bradley, Tennessee. It is not a substitute for legal advice. You should consult with a qualified DUI attorney to discuss the specific facts of your case and to receive personalized advice. Remember, time is of the essence. Contact an attorney today to protect your rights and driving privileges.