Jefferson County License Hearing Guide

Jefferson DUI License Suspension & ALR Hearing: Save Your Driving Privileges

Being arrested for a DUI in Jefferson, Tennessee, can be a frightening experience. Beyond the criminal charges, you're also facing a separate administrative process that could lead to the suspension of your driver's license. This guide is designed to provide immediate, practical information about the Administrative License Revocation (ALR) hearing and what you need to do now to protect your driving privileges. It's crucial to understand this process is distinct from your criminal case and requires immediate action.

Your License After a DUI Arrest in Jefferson

Following a DUI arrest in Jefferson County, you're dealing with two separate legal battles:

• Criminal Case: This involves the DUI charge itself, prosecuted by the state of Tennessee. Potential penalties include jail time, fines, and a criminal record.
• Administrative License Suspension (ALR): This is a civil action taken by the Tennessee Department of Safety (DPS) to suspend your driver's license. It's independent of the criminal case, meaning your license can be suspended even if you're found not guilty in criminal court.

This guide focuses on the ALR process and how to navigate it.

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 an absolute deadline. Missing it will result in an automatic suspension of your driver's license. No exceptions are usually made.

Where to Request: Tennessee Department of Safety (DPS)

How to Request:

Unfortunately, Tennessee doesn't offer online or phone options for requesting an ALR hearing. You must submit your request in writing, either by mail or in person at a designated Tennessee Department of Safety location.

• By Mail: Send a written request to the Tennessee Department of Safety address specified on the implied consent form you received during your arrest. Ensure you send it via certified mail with return receipt requested to have proof of timely submission. Keep a copy for your records.

• In Person: Visit a Tennessee Department of Safety Driver Services Center. Be prepared to provide your driver's license information and a copy of the implied consent form, if you have it.

What to Include in Your 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.
• Your signature

What Happens If You Miss the Deadline:

If you fail to request an ALR hearing within 15 days, your driver's license will be automatically suspended. You will receive a notice of suspension from the Tennessee Department of Safety. Once the suspension goes into effect, you will be unable to legally drive.

Automatic License Suspension

Even if you request an ALR hearing, your license will be automatically suspended pending the outcome of the hearing.

If You Took the Breath/Blood Test and Failed

• BAC Over 0.08: If your blood alcohol concentration (BAC) was 0.08% or higher, your license will be suspended for at least 90 days. The exact length can vary depending on prior offenses.

• Temporary Permit: The arresting officer likely issued you a temporary driving permit. This permit is typically valid until your ALR hearing or until the date the suspension officially begins (usually 30 days after the arrest), whichever comes first. Check the permit carefully for the expiration date.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a significantly harsher penalty. In Tennessee, refusing testing results in an automatic license suspension of one year (365 days) for a first offense.

• 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 agreed to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in administrative penalties, regardless of the outcome of the criminal case.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a critical opportunity to challenge the suspension of your driver's license. It's a separate proceeding from your criminal DUI case.

• Separate from Criminal Court: The ALR hearing is an administrative process conducted by the Tennessee Department of Safety (DPS), not a court of law.

• Decides if License Suspension is Warranted: The hearing officer will determine whether the DPS had sufficient legal grounds to suspend your license.

• Lower Burden of Proof Than Criminal Trial: The DPS only needs to prove their case by a "preponderance of the evidence," meaning it's more likely than not that they had a valid reason for the suspension. This is a lower standard than "beyond a reasonable doubt" required in criminal court.

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This may include:

• Witness statements (if you have witnesses to your driving, sobriety, or the circumstances of the arrest)

• Dashcam or bodycam footage (request copies from the arresting agency)

• Medical records (if you have a medical condition that could affect your BAC reading or ability to perform field sobriety tests)

• Consider Hiring a DUI Attorney: An experienced Tennessee DUI attorney can provide invaluable assistance in navigating the ALR process. They can:

• Represent you at the hearing

• Cross-examine witnesses

• Present evidence on your behalf

• Advise you on the best legal strategy

• Understand What You Can Challenge: You can challenge several aspects of the DPS's case, 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 properly administered and the results were accurate

Possible Outcomes

The ALR hearing can have one of three possible outcomes:

• Suspension Upheld: The hearing officer finds that the DPS had sufficient grounds to suspend your license, and the suspension remains in effect.

• Suspension Overturned: The hearing officer finds that the DPS did not have sufficient grounds to suspend your license, and your license is reinstated.

• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes (e.g., work, school, medical appointments) even while your license is suspended.

Hardship/Restricted License in Tennessee

Tennessee offers a restricted driver license for those whose licenses have been suspended for DUI. This license allows you to drive for specific purposes while your full driving privileges are suspended.

• Eligibility Requirements: Eligibility varies depending on the reason for the suspension and the number of prior offenses. Generally, you must demonstrate a need to drive for work, school, or medical purposes.

• What You Can Drive For: A restricted license typically allows you to drive to and from:

• Work

• School

• Medical appointments

• Alcohol and drug treatment programs

• Costs and Application Process: The application process involves submitting an application to the Tennessee Department of Safety, paying a fee, and providing documentation to support your need for a restricted license. Contact the Tennessee Department of Safety for the most up-to-date fees and procedures.

• IID Requirement: In some cases, the court may require you to install an Ignition Interlock Device (IID) on your vehicle as a condition of receiving a restricted license. This device requires you to blow into it before starting your car, and it prevents the car from starting if it detects alcohol.

Getting Your License Back

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face a license suspension as part of your criminal DUI sentence.

• Reinstatement Requirements: To reinstate your license after a DUI suspension, you will typically need to:

• Serve the full suspension period

• Pay a reinstatement fee to the Tennessee Department of Safety.

• Provide proof of SR-22 insurance (see below).

• Complete any required alcohol and drug education programs.

• Fees: Reinstatement fees vary depending on the length of the suspension and the number of prior offenses.

• 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 minimum required liability coverage. You will likely be required to maintain SR-22 insurance for a period of time after your DUI conviction.

• Classes/Programs That Must Be Completed: Tennessee requires DUI offenders to complete an alcohol and drug education program. The specific program requirements will depend on the circumstances of your case and the recommendations of the court.

Jefferson DMV Offices

Unfortunately, there are no dedicated DMV/DPS offices directly located within the city limits of Jefferson, Tennessee. However, you can find nearby offices in surrounding cities:

You can find the most current information and locations by visiting the Tennessee Department of Safety website.

Special Programs

• Ignition Interlock Device Program: As mentioned above, Tennessee uses IIDs as part of DUI sentencing and for restricted licenses.
• Occupational License: An occupational license (also a restricted license) may be available to certain drivers who need to drive for work purposes. The eligibility requirements and restrictions vary.

This guide provides general information about DUI license suspensions and ALR hearings in Jefferson, Tennessee. It is not a substitute for legal advice. If you have been arrested for DUI, it is essential to consult with a qualified Tennessee DUI attorney as soon as possible to protect your rights and explore your legal options. Remember, the 15-day deadline to request an ALR hearing is crucial. Act now to protect your driving privileges.