Dyer County License Hearing Guide

Dyer DUI License Suspension & ALR Hearing: What You Need to Know NOW

Being arrested for a DUI in Dyer, Tennessee, can be a frightening experience. Beyond the criminal charges, you also face the immediate threat of losing your driver's license. This guide is designed to help you understand the administrative process surrounding your license suspension and the crucial steps you need to take to protect your driving privileges. It's important to remember that the administrative process, handled by the Tennessee Department of Safety and Homeland Security, is separate from your criminal case in Dyer County court. This means you can face a license suspension even if you're ultimately found not guilty in criminal court.

CRITICAL DEADLINE: Request a Hearing Within 15 Days

This is the most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This hearing allows you to challenge the suspension of your driver's license. Missing this deadline will result in an automatic suspension.

Where to Request: You must request the hearing from the Tennessee Department of Safety and Homeland Security (specifically, the Driver Improvement Division).

How to Request:

• Online: Check the Tennessee Department of Safety and Homeland Security website (www.tn.gov/safety.html) for online hearing request options. Look for sections related to DUI or Administrative License Revocation.
• Mail: You can send a written request by certified mail to ensure proof of delivery to:

Tennessee Department of Safety and Homeland Security Driver Improvement Division

• Phone: While not always the preferred method due to lack of documentation, you may be able to inquire about the process and deadlines by calling the Tennessee Department of Safety and Homeland Security. Find the relevant phone number on their website (www.tn.gov/safety.html). Be sure to document the date and time of the call and the name of the person you spoke with.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. This suspension will begin . This automatic suspension is very difficult to overturn, so act quickly.

Automatic License Suspension

Your license will 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 over the legal limit of 0.08, your license will be suspended. The length of the suspension for a first offense DUI in Tennessee varies, but expect .

You likely received a temporary driving permit at the time of your arrest. This permit is valid until your ALR hearing or until the date the suspension officially begins, whichever comes first. Make sure you understand the expiration date of this temporary permit.

If You Refused Testing

Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. Tennessee, like most states, operates under an "implied consent" law. This means that by driving on Tennessee roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI.

If you refused testing, your license will be suspended for a longer period than if you had failed the test. The suspension period for refusing a breathalyzer or blood test in Tennessee is generally .

The ALR/Administrative Hearing

Understanding the ALR hearing process is crucial to fighting your license suspension.

What It Is

The ALR hearing is an administrative hearing conducted by the Tennessee Department of Safety and Homeland Security. It's not a criminal trial. The purpose of the hearing is to determine whether the state had sufficient cause to suspend your driver's license based on your DUI arrest.

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" (meaning more likely than not) that you were driving under the influence.

How to Prepare

Proper preparation is key to a successful ALR hearing. Here are some steps you should take:

• Gather Evidence: Collect any evidence that might support your case. This could include witness statements, dashcam footage (if available), receipts, or any other documentation that could challenge the state's case.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee law can provide invaluable assistance in preparing for and representing you at the ALR hearing. They understand the legal nuances and can effectively challenge the state's evidence.
• Understand What You Can Challenge: At the ALR hearing, you can challenge various aspects of the state's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether you were lawfully arrested for DUI.
• Whether the breathalyzer or blood test was properly administered and the results are accurate.
• Whether you were properly advised of your rights under implied consent law.

Possible Outcomes

The ALR hearing can have several 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 state did not meet its burden of proof, your license suspension will be overturned, and your driving privileges will be restored.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific conditions, such as for work, school, or medical appointments.

Hardship/Restricted License in Tennessee

If your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive under limited circumstances.

• Eligibility Requirements: . This often includes proof of employment, enrollment in school, or a medical necessity.
• What You Can Drive For: A restricted license typically allows you to drive to and from work, school, medical appointments, and alcohol education classes.
• Costs and Application Process: .
• IID Requirement: Tennessee may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license. This device requires you to blow into it before starting the car, and it will prevent the car from starting if it detects alcohol. .

Getting Your License Back

After your criminal case concludes and your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

Whether you are found guilty, plead guilty, or enter into a diversion program, you will still need to fulfill certain requirements to get your license back.

• Reinstatement Requirements: . This typically includes paying reinstatement fees, providing proof of insurance, and completing any required alcohol education classes.
• Fees: You will need to pay a reinstatement fee to the Tennessee Department of Safety and Homeland Security. .
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility that proves you have the minimum required liability insurance. .
• Classes/Programs that Must Be Completed: You may be required to complete a DUI education program or alcohol and drug assessment. .

Dyer DMV Offices

To reinstate your license or inquire about the process, you may need to visit a local DMV office.

Special Programs

• Ignition Interlock Device Program: .
• Occupational License: .

This guide provides general information about DUI license suspensions in Dyer, Tennessee. Because laws and procedures can change, it is essential to consult with a qualified DUI attorney for personalized legal advice regarding your specific situation. Don't delay – the 15-day deadline to request an ALR hearing is crucial to protecting your driving privileges.