Hickman County License Hearing Guide

Hickman DUI License Suspension & ALR Hearing

Were you just arrested for DUI in Hickman, Tennessee? The clock is ticking! Your driver's license is in immediate jeopardy. This guide provides crucial information about your license suspension and the Administrative License Revocation (ALR) hearing process. Time is of the essence, so read this carefully and act quickly.

Your License After a DUI Arrest in Hickman

After a DUI arrest in Hickman, you're facing two separate legal battles: a criminal case and an administrative one. The criminal case deals with the charges filed against you in court. The administrative case, handled by the Tennessee Department of Safety (TDOS), focuses solely on your driving privileges. This guide focuses on the administrative process and specifically how to fight the suspension of your license. It's vital to understand these are separate proceedings, and even if you win your criminal case, you could still lose your license through the ALR 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 with the Tennessee Department of Safety. This is a hard deadline. Missing it means your license will be automatically suspended.

Where to Request: Tennessee Department of Safety (TDOS)

How to Request:

• Online: Check the TDOS website (TN.gov) for online hearing request options. Look for a section related to DUI or administrative hearings.
• Mail: Send a written request for an ALR hearing to the address listed on your DUI paperwork (typically provided by the arresting officer). Ensure the request is postmarked within 15 days of your arrest. Certified mail with return receipt requested is strongly recommended to prove you sent it on time.
• Phone: While less reliable than written requests, you may be able to initiate the process by phone. Call the TDOS driver services division immediately to inquire. However, always follow up with a written request to ensure compliance.

What to Include in Your Written Request:

• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your DUI arrest
• A clear statement requesting an Administrative License Revocation (ALR) hearing to contest the suspension of your driver's license.

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 don't delay!

Automatic License Suspension

Following a DUI arrest in Hickman, your license is subject to automatic suspension based on the circumstances.

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 be suspended for a period determined by Tennessee law, typically ranging from 90 days to one year for a first offense. Consult with an attorney to determine the exact suspension period based on the specific facts of your case.
• Temporary Permit: You may have been issued a temporary driving permit upon your arrest. This permit is valid until your ALR hearing (if requested) or until the date the suspension begins.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Tennessee, refusing testing results in a longer license suspension, generally one year for a first refusal.
• Implied Consent Law in Tennessee: Tennessee, like all states, has 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. Refusal to comply can lead to the immediate suspension of your license, regardless of your actual BAC.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the state has sufficient evidence to suspend your driver's license. It's conducted by an administrative law judge (ALJ), not a criminal court judge.

• Separate from Criminal Court: A win in the ALR hearing does not guarantee a win in your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The ALJ will review the evidence presented by the state and you (or your attorney) to determine if the suspension is justified.
• Lower Burden of Proof: The state only needs to prove its case by a "preponderance of the evidence" (more likely than not), which is a lower standard than the "beyond a reasonable doubt" standard required in criminal court.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, photos, or anything that challenges the accuracy of the BAC test or the legality of the traffic stop.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee ALR hearings can significantly increase your chances of a favorable outcome. They understand the legal procedures, can effectively cross-examine witnesses, and present a compelling defense on your behalf.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• The Legality of the Stop: Was there a valid reason for the officer to stop your vehicle?
• Probable Cause for Arrest: Did the officer have probable cause to believe you were driving under the influence?
• Accuracy of the BAC Test: Were the breathalyzer or blood test properly administered and calibrated? Were there any errors in the testing procedure?
• Chain of Custody: Was the blood sample properly handled and stored?
• Refusal Justification: If you refused testing, can you provide a valid reason for your refusal (e.g., medical condition)?

Possible Outcomes

• Suspension Upheld: The ALJ finds sufficient evidence to support the license suspension.
• Suspension Overturned: The ALJ finds that the state did not meet its burden of proof, and your license is reinstated.
• Restricted/Hardship License Granted: Even if the suspension is upheld, the ALJ may grant you a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Tennessee

Even if your license is suspended, you may be eligible for a restricted or hardship license, allowing you to drive under certain conditions.

• Eligibility Requirements: Eligibility requirements vary based on the circumstances of your DUI and prior driving record. Generally, you must demonstrate a genuine need to drive for essential purposes, such as:
• Employment
• School
• Medical Appointments
• Court-ordered treatment
• What You Can Drive For: Restricted licenses typically specify the times and locations you are permitted to drive.
• Costs and Application Process: The application process involves submitting an application to the court or the Tennessee Department of Safety, along with supporting documentation. There are fees associated with obtaining a restricted license.
• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) in your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

Once your suspension period is over, you'll need to take steps to reinstate your driver's license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the specifics of your case. Generally, you will need to:
• Pay a reinstatement fee to the Tennessee Department of Safety.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any court-ordered alcohol education programs or treatment.
• Pass the driver's license exam (written and/or driving test) if required.
• Fees: Reinstatement fees can vary, so 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 for high-risk drivers. You will need to maintain SR-22 insurance for a specified period (typically three years) after your DUI conviction.
• Classes/Programs That Must Be Completed: The court may order you to attend DUI school, alcohol awareness classes, or participate in a substance abuse treatment program. Completing these programs is often a requirement for license reinstatement.

Hickman DMV Offices

Unfortunately, as Hickman has no population, there are no DMV offices located within the county itself. You will need to visit a DMV office in a neighboring county. Check the Tennessee Department of Safety website (TN.gov) for the nearest locations and hours of operation.

Special Programs

• Ignition Interlock Device (IID) Program: This program allows individuals convicted of DUI to drive with an IID installed in their vehicle. The IID requires the driver to blow into the device before starting the car, and if alcohol is detected, the car will not start.
• Occupational License: (Check if Tennessee offers this) An occupational license may allow you to drive for work purposes even if your license is suspended. Requirements vary.

Disclaimer: This guide provides general information about DUI license suspensions and ALR hearings in Hickman, 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 legal guidance.