Robertson County License Hearing Guide

Robertson DUI License Suspension & ALR Hearing

A DUI arrest in Robertson, Tennessee can trigger two separate legal processes: a criminal case in court and an administrative action concerning your driver's license. This guide focuses on the administrative side – specifically, the potential suspension of your driver's license and the Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to preserving your driving privileges. This is not legal advice and you should contact an attorney for advice regarding your specific situation.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Robertson, you have a VERY limited window to protect your driver's license. You MUST request an ALR hearing within 15 days of your arrest. This deadline is extremely strict, and missing it will result in an automatic suspension of your license.

Where to Request: The Tennessee Department of Safety and Homeland Security (DHS) handles ALR hearings.

How to Request: You can typically request a hearing online, by phone, or by mail. Check the paperwork you received during your arrest for specific instructions and contact information. The Tennessee Department of Safety website is a good starting point.

What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will automatically be suspended. There's usually very little recourse if you miss this deadline, so act immediately.

Automatic License Suspension

An automatic license suspension goes into effect even before your criminal case is resolved. This is triggered by either failing or refusing a breath or blood 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 for [Tennessee specific suspension period - research and insert here. Example: 90 days for a first offense].
• Temporary Permit: You likely received a temporary driving permit after your arrest. This permit is typically valid until your ALR hearing 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 submit to a breath or blood test carries a harsher penalty than failing one. In Tennessee, refusing a test results in a [Tennessee specific suspension period for refusal - research and insert here. Example: one-year suspension for a first offense].
• Implied Consent Law in Tennessee: Tennessee, like most states, has an implied consent law. This means that by driving on Tennessee roads, you've implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to do so carries significant consequences.

The ALR/Administrative Hearing

The ALR hearing is a separate legal proceeding from your criminal DUI case. It focuses solely on whether the state has sufficient evidence to suspend your driver's license.

What It Is

• Separate from Criminal Court: Remember, the ALR hearing is an administrative matter, not a criminal trial. The outcome of the ALR hearing does not necessarily determine the outcome of your criminal case, and vice versa.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine if the police officer had probable cause to stop you, if you were lawfully arrested for DUI, and if your BAC was over the legal limit (or if you refused testing).
• Lower Burden of Proof Than Criminal Trial: 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," which means it's more likely than not that the facts support the suspension.

How to Prepare

• Gather Evidence: Start gathering any evidence that might help your case. This could include witness statements, dashcam footage (if available), medical records (if relevant), and any other information that supports your argument.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Robertson County can be invaluable. They understand the ALR process, can help you gather evidence, and can represent you at the hearing. They know the relevant laws and procedures and can present the best possible defense on your behalf.
• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:
• Whether the officer had probable cause to stop you.
• Whether you were properly informed of your rights.
• Whether the breathalyzer or blood test was properly administered and calibrated.
• Whether your BAC was actually over the legal limit.
• Whether you actually refused testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the state has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the state has not met its burden of proof, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license (see below).

Hardship/Restricted License in Tennessee

Even if your license is suspended, you may be able to obtain a restricted or hardship license that allows you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license in Tennessee typically involve demonstrating a need to drive for essential purposes, such as work, school, or medical appointments. You may also need to complete a DUI education program and install an ignition interlock device (IID) in your vehicle.
• What You Can Drive For: A restricted license usually limits your driving to specific routes and times related to your essential needs. For example, you might be allowed to drive to and from work or school, but not for social or recreational purposes.
• Costs and Application Process: The cost and application process for a restricted license vary. You'll likely need to pay an application fee and provide documentation to support your need for a restricted license. Contact the Tennessee Department of Safety for specific information.
• IID Requirement: Tennessee may require you to install an ignition interlock device (IID) in your vehicle as a condition of obtaining a restricted license, especially for repeat offenders or those with high BAC levels.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include completing your suspension period, paying reinstatement fees, and providing proof of insurance.
• Fees: Reinstatement fees vary, but you can expect to pay a fee to the Tennessee Department of Safety.
• SR-22 Insurance Requirement: Tennessee may require you to obtain SR-22 insurance, which is a certificate of financial responsibility, for a certain period after your DUI conviction. This type of insurance is typically more expensive than standard auto insurance.
• Classes/Programs that Must be Completed: You may be required to complete DUI education classes or alcohol and drug treatment programs as a condition of reinstatement.

Robertson DMV Offices

[Important: Add the addresses and hours of operation for the Robertson County DMV office(s) here.]

• Example: Robertson County Clerk's Office - - [Hours]
• Example: Springfield Driver Services Center - - [Hours]

Special Programs

• Ignition Interlock Device Program: Tennessee has an ignition interlock device (IID) program for DUI offenders. An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. The device tests your breath for alcohol, and if alcohol is detected above a certain level, the vehicle will not start.
• Occupational License: In some cases, you may be eligible for an occupational license, which allows you to drive for work-related purposes even if your license is suspended. The requirements for an occupational license are typically stricter than those for a restricted license.
• Any State-Specific Programs: [Research and include any other relevant Tennessee-specific programs that can help someone regain driving privileges after a DUI.]

This guide provides general information about DUI license suspensions and ALR hearings in Robertson, Tennessee. It is essential to consult with a qualified DUI attorney to discuss your specific situation and protect your rights. Remember, the 15-day deadline to request an ALR hearing is crucial, so act quickly.