Rutherford County License Hearing Guide

Rutherford DUI License Suspension & ALR Hearing

(dui.guide - Your Guide to Navigating DUI Arrests in Rutherford, TN)

Being arrested for a DUI in Rutherford County, Tennessee, can be a frightening and confusing experience. One of the most immediate concerns is your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case in court and an administrative process regarding your driver's license. This guide focuses on the administrative process, specifically the license suspension and the Administrative License Revocation (ALR) hearing. This process is completely separate from your criminal case and requires immediate action on your part.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Rutherford County, you have a very limited window to protect your driving privileges. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This hearing is your opportunity to challenge the potential suspension of your driver’s license.

Where to Request: The ALR hearing is handled by the Tennessee Department of Safety and Homeland Security (specifically, the Driver Improvement Division).

How to Request: You can request a hearing by contacting the Tennessee Department of Safety and Homeland Security. While procedures can change, you typically have the option to request it:

• Online: Check the Tennessee Department of Safety and Homeland Security website (search "Tennessee ALR Hearing Request") for an online portal.
• Phone: Call the Tennessee Department of Safety and Homeland Security's Driver Improvement Division. The specific phone number should be on the paperwork you received at the time of your arrest.
• Mail: Send a written request to the Driver Improvement Division. Include your full name, date of birth, driver's license number, date of arrest, and the county where you were arrested (Rutherford). Send it via certified mail with return receipt requested to ensure proof of delivery. The address should be on the paperwork provided at the time of your arrest.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This is a non-negotiable deadline. Missing it severely limits your options and leaves you without driving privileges for the duration of the suspension. Don't delay; act now!

Automatic License Suspension

Regardless of the outcome of your criminal case, the Tennessee Department of Safety and Homeland Security can independently suspend your license based on the circumstances of your DUI arrest. The grounds for suspension differ based on whether you submitted to a breath/blood test and the results, or if you refused testing altogether.

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. The suspension period for a first offense in Tennessee is typically ****.

• Temporary Permit: The arresting officer may have issued you a temporary driving permit. This permit is typically valid until your ALR hearing date or until the date the suspension goes into effect if you did not request a hearing. Pay close attention to the expiration date on the permit.

If You Refused Testing

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 (breath, blood, or urine) if lawfully arrested for DUI. Refusing to submit to testing carries a more severe penalty than failing a test.

• Refusal Penalty: If you refused to submit to a breath or blood test, your license will be suspended for a longer period than if you failed a test. Expect a suspension of ****. The suspension is typically longer for refusals than for failing a test because the refusal is seen as obstructing the investigation.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is a crucial step in protecting your driving privileges after a DUI arrest. It's important to understand its purpose, how to prepare, and the possible outcomes.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from your criminal DUI case. The outcome of the ALR hearing does not determine your guilt or innocence in the criminal case.
• Decides if License Suspension is Warranted: The sole purpose of the ALR hearing is to determine whether the Tennessee Department of Safety and Homeland Security has sufficient evidence to suspend your driver's license based on the circumstances of your arrest.
• 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 "probable cause" that you were driving under the influence, not "beyond a reasonable doubt" as required in a criminal trial.

How to Prepare

Proper preparation is crucial for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements who can attest to your sobriety.
• Video footage (if available) that contradicts the police officer's observations.
• Medical records that explain a high BAC reading (if applicable).
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Rutherford County can be invaluable. They understand the ALR process, can gather evidence on your behalf, and can represent you at the hearing. They can also challenge the evidence presented by the state.
• Understand What You Can Challenge: You can challenge several aspects of the state's case at the ALR hearing, including:
• Whether the police officer had probable cause to stop you.
• Whether you were properly advised of your implied consent rights.
• Whether the breath or blood test was administered correctly.
• The accuracy of the breathalyzer machine or blood test results.

Possible Outcomes

• Suspension Upheld: The hearing officer determines that the state has sufficient evidence to suspend your license.
• Suspension Overturned: The hearing officer determines that the state does not have sufficient evidence to suspend your license, and your driving privileges are restored.
• Restricted/Hardship License Granted: In some cases, even if the suspension is upheld, you may be eligible for a restricted or hardship license, allowing you to drive for limited purposes such as work, school, or medical appointments.

Hardship/Restricted License in Tennessee

Even if your license is suspended after the ALR hearing, you might be eligible for a restricted or hardship license, allowing you to drive for essential purposes.

• Eligibility Requirements: . Typically, this includes demonstrating a need to drive for employment, education, or medical reasons.
• What You Can Drive For: Restricted licenses typically limit driving to specific locations and times, such as travel to and from work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: . This usually involves submitting an application to the court or the Department of Safety and Homeland Security, along with supporting documentation.
• IID Requirement: . In some cases, installation of an Ignition Interlock Device (IID) may be required as a condition of obtaining a restricted license.

Getting Your License Back

Regardless of the outcome of the ALR hearing, you will need to take specific steps to reinstate your license after the suspension period ends and after your criminal case is resolved.

After Criminal Case Concludes

• Reinstatement Requirements: . This typically includes:
• Paying a reinstatement fee to the Department of Safety and Homeland Security.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any court-ordered DUI education or treatment programs.
• Fees: .
• SR-22 Insurance Requirement: [Explain SR-22 Insurance Requirement Here].
• Classes/Programs That Must Be Completed: [List Common DUI Classes/Programs in Tennessee Here].

Rutherford DMV Offices

[Important: Replace with accurate information. Verify addresses and hours.]

• Murfreesboro Driver Services Center:
• Smyrna Driver Services Center:
• La Vergne Driver Services Center:

Always confirm hours of operation before visiting.

Special Programs

• Ignition Interlock Device Program: [Explain Tennessee IID Program Here].
• Occupational License: [Explain Tennessee Occupational License Program Here, if applicable].
• [List any other relevant Tennessee-specific programs].

Disclaimer: This guide provides general information and is not legal advice. It is essential to consult with a qualified DUI attorney in Rutherford County to discuss your specific situation and legal options. The laws surrounding DUI are complex and subject to change. Acting quickly and seeking professional legal counsel is crucial to protecting your rights and driving privileges.