Putnam County License Hearing Guide

Putnam DUI License Suspension & ALR Hearing

A DUI arrest in Putnam County, Tennessee can be a frightening and confusing experience. You're likely worried about the criminal charges, but it's crucial to understand that your driver's license is in immediate jeopardy. Tennessee operates two separate processes after a DUI arrest: a criminal case handled by the courts, and an administrative process handled by the Department of Safety (DOS), that determines your driving privileges. This guide focuses on the administrative side, specifically the potential license suspension and the Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is essential to protecting your ability to drive.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! Following a DUI arrest in Putnam County, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This is a hard deadline. Missing it will result in an automatic suspension of your driver's license.

Where to Request:

You must request your ALR hearing from the Tennessee Department of Safety (DOS).

How to Request:

While the exact procedure might evolve, you can typically request an ALR hearing through one of these methods:

• Online: Check the Tennessee Department of Safety website (usually under "Driver Services" or "DUI Information") for an online form or portal. Look for options related to "ALR Hearing Request" or "DUI License Suspension."
• Mail: You can send a written request for an ALR hearing to the Tennessee Department of Safety, Driver Services Division. You'll need to include:
• Your full name
• Your driver's license number
• Your date of birth
• The date of your DUI arrest
• The arresting officer's name and agency
• A clear statement that you are requesting an ALR hearing.
• Mail to: Tennessee Department of Safety, Driver Services Division,
• Phone: While not always the primary method, you might be able to initiate the request process by calling the Tennessee Department of Safety's Driver Services Division. Inquire about the specific steps for requesting an ALR hearing by phone.

Important: It is highly recommended to send your request via certified mail with return receipt requested. This provides proof that you submitted your request on time. Keep a copy of your request and the certified mail receipt for your records.

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 lose the opportunity to challenge the suspension administratively. Don't let this happen!

Automatic License Suspension

Your license is subject to automatic suspension immediately following a DUI arrest in Tennessee, regardless of the outcome of your criminal case. The reason for the suspension depends on whether you submitted to a breath or blood test and the results, or if you refused to take the test.

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. The length of the suspension period varies, but it is usually .
• Temporary Permit: You may have been issued a temporary driving permit at the time of your arrest. This permit allows you to drive until your ALR hearing date or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test carries a significantly harsher penalty than failing the test. In Tennessee, refusing to submit to testing will result in a longer license suspension than failing the test. Expect a suspension of .
• 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 its own set of penalties.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license before it goes into effect (or continues).

What It Is

• Separate from Criminal Court: It is crucial to understand that the ALR hearing is completely separate from your criminal DUI case. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.
• Decides If License Suspension Is Warranted: The purpose of the ALR hearing is to determine whether the Department of Safety had sufficient legal grounds to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The Department of Safety only needs to prove by a "preponderance of the evidence" (more likely than not) that the suspension is justified. This is a lower standard than "beyond a reasonable doubt," which is required for a criminal conviction.

How to Prepare

Preparing for your ALR hearing is critical. Here are some steps you should take:

• Gather Evidence: Collect any evidence that supports your case. This may include:
• Witness statements (if anyone was with you)
• Video footage (dashcam, security cameras)
• Medical records (if you have a medical condition that might affect your BAC)
• Any other information that challenges the officer's account of the arrest.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee ALR hearings can be invaluable. They understand the legal procedures, can gather evidence on your behalf, and can represent you at the hearing.
• Understand What You Can Challenge: You can challenge the following aspects of the suspension:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether you were properly advised of your implied consent rights.
• Whether the breath or blood test was administered correctly.
• Whether the test results were accurate.
• Whether you actually refused the test (if applicable).

Possible Outcomes

The ALR hearing can have one of three main outcomes:

• Suspension Upheld: The hearing officer finds that the Department of Safety had sufficient grounds to suspend your license. Your license will be suspended for the applicable period.
• Suspension Overturned: The hearing officer finds that the Department of Safety did not have sufficient grounds to suspend your license. Your license will be reinstated (returned).
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license that allows you to drive for specific purposes, such as 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. Tennessee allows for restricted licenses under certain conditions.

• Eligibility Requirements: The requirements for a restricted license vary depending on the circumstances of your DUI arrest and any prior offenses. Generally, you must:
• Serve a portion of your suspension period (the waiting period varies).
• Enroll in and complete a DUI education program.
• Provide proof of financial responsibility (SR-22 insurance).
• Potentially install an ignition interlock device (IID) in your vehicle.
• What You Can Drive For: A restricted license typically allows you to drive only for essential purposes, such as:
• Work
• School
• Medical appointments
• Court-ordered obligations
• Costs and Application Process: The application process for a restricted license involves submitting an application to the Tennessee Department of Safety, paying a fee, and providing documentation to support your eligibility. Check the Tennessee DOS website for the most up-to-date information.
• IID Requirement: In many cases, especially for repeat offenders or those with high BAC levels, an ignition interlock device (IID) will be required as a condition of obtaining a restricted license.

Getting Your License Back

Getting your license back after a DUI suspension in Putnam County involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Once your suspension period is over and your criminal case is resolved, you will need to meet specific requirements to reinstate your license. These may include:
• Paying a reinstatement fee to the Tennessee Department of Safety.
• Providing proof of SR-22 insurance (a certificate of financial responsibility).
• Completing any required DUI education programs or treatment.
• Passing the driver's license exam (written and/or driving test).
• Fees: Reinstatement fees vary, so check with the Tennessee Department of Safety for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state to prove that you have the required liability coverage. You will likely need to maintain SR-22 insurance for a specified period after your DUI conviction.
• Classes/Programs That Must Be Completed: Completion of a DUI education program or substance abuse treatment may be required as a condition of license reinstatement.

Putnam DMV Offices

Special Programs

• Ignition Interlock Device Program: Tennessee has an ignition interlock device (IID) program. Depending on the circumstances of your DUI, you may be required to install an IID in your vehicle as a condition of regaining your driving privileges.
• Occupational License: An occupational license allows you to drive for work-related purposes even while your license is suspended. Tennessee may offer this option depending on the specifics of your case. Check with the Tennessee Department of Safety for eligibility requirements.
• Any State-Specific Programs: [Research and insert any other relevant Tennessee-specific programs that might benefit individuals facing DUI-related license suspensions.]

This guide provides general information about DUI license suspensions and ALR hearings in Putnam County, Tennessee. It is not a substitute for legal advice. If you have been arrested for DUI, it is highly recommended that you consult with a qualified DUI attorney to protect your rights and understand your options.