Moore County License Hearing Guide

Moore County DUI License Suspension & ALR Hearing

If you've been arrested for DUI in Moore County, Tennessee, one of your immediate concerns should be protecting your driving privileges. A DUI arrest triggers two separate legal processes: a criminal case in court and an administrative process with the Tennessee Department of Safety (DOS) that can result in the suspension of your driver's license. This guide focuses on the administrative process and the steps you must take to challenge a potential license suspension.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Tennessee law requires you to request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing from the Tennessee Department of Safety. Since Moore County does not have a confirmed Tennessee DOS Driver Services Center, you may need to correspond with the state directly.
• How to Request: The Tennessee DOS likely provides options to request the hearing online, by phone, or by mail. Check the paperwork you received at the time of your arrest for specific instructions or consult the Tennessee Department of Safety website.
• 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 is little you can do to reverse this once the deadline has passed.

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, your license will be subject to administrative suspension 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 0.08% or higher, your license will be suspended according to Tennessee law. The exact length of the suspension depends on factors such as prior DUI convictions.

Upon arrest, you may have received a temporary driving permit. This permit is typically valid until your ALR hearing or until the date your suspension begins, whichever comes first.

If You Refused Testing

Under Tennessee's implied consent law, by driving on Tennessee roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to submit to a breath, blood, or urine test carries a longer license suspension than failing the test.

Refusal to submit to testing results in an automatic license suspension. The length of the suspension increases with subsequent refusals.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a separate legal proceeding from your criminal DUI case. It is conducted by the Tennessee Department of Safety and determines whether your driver's license should be suspended due to your DUI arrest.

What It Is

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa.
• Decides If License Suspension Is Warranted: The hearing officer will determine whether there was probable cause for your arrest and whether your BAC was above the legal limit (if you took the test) or whether you unlawfully refused to submit to testing.
• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show that it is more likely than not that you were driving under the influence, not beyond a reasonable doubt.

How to Prepare

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage, or medical records.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, such as the legality of the traffic stop, the accuracy of the breathalyzer or blood test, or the procedures followed by the arresting officer.

Possible Outcomes

The hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds that the state has met its burden of proof, and your license suspension will be upheld.
• Suspension Overturned: The hearing officer finds that the state has not met its burden of proof, and your license suspension will be overturned. You will be able to retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive under specific circumstances (e.g., to and from 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 specific circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license vary depending on the circumstances of your DUI arrest and your driving record. You will likely need to demonstrate a genuine need to drive, such as for work, school, or medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive only to and from specific locations, such as your workplace, school, doctor's office, or alcohol education program.
• Costs and Application Process: The application process for a restricted license involves completing an application, providing supporting documentation, and paying a fee. Contact the Tennessee Department of Safety for specific instructions and requirements.
• IID Requirement: Depending on the circumstances of your DUI, 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

Even if you win your ALR hearing, you will still need to deal with your criminal DUI case. The outcome of your criminal case can further affect your driving privileges.

• Reinstatement Requirements: To reinstate your license after the suspension period, you will typically need to:
• Pay a reinstatement fee.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required alcohol education programs or treatment.
• Fees: Reinstatement fees vary and can be significant.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or alcohol and drug assessment as a condition of reinstatement.

Moore County DMV Offices

Unfortunately, Moore County has no incorporated towns or cities and therefore no local DMV office. You will need to travel to a nearby county. Here are some of the closest options:

• Coffee County Driver Services Center: 1329 McArthur St Ste 2, Manchester, TN 37355, Hours: Mon-Fri 8:30AM-5:00PM, Tennessee DOS Driver Services Locations
• Lincoln County Driver Services Center: 150 Court Square Ste A, Fayetteville, TN 37334, Hours: Mon-Fri 8:30AM-5:00PM, Tennessee DOS Driver Services Locations
• Franklin County Driver Services Center: 500 Dinah Shore Blvd, Winchester, TN 37398, Hours: Mon-Fri 8:30AM-5:00PM, Tennessee DOS Driver Services Locations

Special Programs

• Ignition Interlock Device Program: Tennessee has an IID program that may be required for certain DUI offenders. An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. If the device detects alcohol, the vehicle will not start.
• Occupational License: While technically hardship licenses are available, an occupational license that allows for operation of a commercial vehicle may be available depending on the circumstances.

Frequently Asked Questions

Q: Where do I go to request an ALR hearing if I was arrested for DUI in Moore County? A: Since there is no DMV office in Moore County, you must contact the Tennessee Department of Safety directly. Check your arrest paperwork for specific instructions, or consult the Tennessee DOS website.

Q: What happens if I miss the 15-day deadline to request an ALR hearing in Moore County? A: If you miss the 15-day deadline, your license will be automatically suspended. There is little recourse once the deadline has passed.

Q: Can I get a restricted license if my license is suspended for DUI in Moore County? A: Yes, you may be eligible for a restricted license, allowing you to drive under specific circumstances such as for work, school, or medical appointments. Contact the Tennessee Department of Safety for details on eligibility and the application process.