Washington County License Hearing Guide

Washington DUI License Suspension & ALR Hearing

Losing your driving privileges after a DUI arrest in Washington, Tennessee, can significantly impact your life. This guide explains the administrative process separate from your criminal case, focusing on how to potentially save your license and what to expect. Time is of the essence! Understanding the procedures and deadlines is crucial.

Your License After a DUI Arrest in Washington

After a DUI arrest in Washington, TN, two separate legal processes begin: a criminal case in court and an administrative process handled by the Tennessee Department of Safety (DOS). The criminal case addresses the DUI charge itself, while the administrative process determines whether your driver's license will be suspended. This guide focuses exclusively on the administrative process, specifically the Administrative License Revocation (ALR) hearing. Even if you think you'll win your criminal case, you must act quickly to protect your driving privileges during the ALR process.

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 a hard deadline. Missing it will result in an automatic suspension of your driver's license.

• Where to Request: You must request a hearing from the Tennessee Department of Safety (DOS).

• How to Request: The method for requesting the hearing can vary. Check with the Tennessee Department of Safety's website or contact them directly for the most up-to-date procedures. Typically, you can request a hearing by:

• Online: The Tennessee Department of Safety may have an online portal for requesting ALR hearings. Check their website (usually tn.gov/safety) for details.

• Phone: Contact the Tennessee Department of Safety Driver License Division. Their number should be available on their website.

• Mail: Send a written request for a hearing to the address provided by the arresting officer or the Department of Safety. Important: Send your request via certified mail with return receipt requested so you have proof of delivery.

• What Happens if You Miss the Deadline: If you fail to request a hearing within the 15-day deadline, your license will be automatically suspended. There are very few exceptions to this rule, so act immediately!

Automatic License Suspension

Tennessee law mandates an automatic license suspension under certain circumstances following a DUI arrest. The length of the suspension depends on whether you submitted to chemical testing (breath or blood) and the results, or if you refused testing.

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 a first offense, expect a suspension period of at least 90 days. This suspension can be longer depending on the specific circumstances of your case and your BAC level.

• Temporary Permit Valid Until Hearing or Suspension Begins: After the DUI arrest, you should have received a temporary driving permit. This permit is usually valid for a limited time, allowing you to drive until your ALR hearing or the start of your suspension, whichever comes first. Pay close attention to the expiration date on this permit.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a heavier penalty than failing the test. In Tennessee, refusing a test on a first offense typically results in a license suspension of one year.

• Implied Consent Law in Tennessee: Tennessee has an implied consent law, meaning that by driving on Tennessee roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can have serious consequences, as outlined above.

The ALR/Administrative Hearing

The Administrative License Revocation (ALR) hearing is your opportunity to challenge the suspension of your driver's license. It's a crucial step in protecting your driving privileges.

What It Is

• Separate from Criminal Court: This hearing is entirely separate from the criminal proceedings related to your DUI charge. 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 ALR hearing is to determine whether the Department of Safety has sufficient evidence to suspend your license based on the circumstances of your DUI arrest.

• 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 show "preponderance of the evidence" (more likely than not) that you were driving under the influence, whereas in a criminal trial, the prosecution must prove your guilt "beyond a reasonable doubt."

How to Prepare

Proper preparation is key to a successful ALR hearing. Consider the following:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, dashcam footage (if available), and any documentation that might challenge the police officer's observations or the accuracy of the breathalyzer test.

• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee law can be invaluable. They can help you understand your rights, gather evidence, prepare your case, and represent you at the ALR hearing. They understand the nuances of the law and can significantly increase your chances of a favorable outcome.

• Understand What You Can Challenge: You can challenge several aspects of the case at the ALR hearing, including:

• Whether the police officer had reasonable suspicion to stop you.

• Whether you were lawfully arrested for DUI.

• Whether you were properly advised of your rights regarding chemical testing.

• Whether the breathalyzer machine was properly calibrated and maintained.

• Whether the breathalyzer test results were accurate.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds that the Department of Safety has presented sufficient evidence to justify the suspension, your license will be suspended.

• Suspension Overturned: If the hearing officer finds that the Department of Safety 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, allowing you to drive under specific circumstances (e.g., to work, school, or medical appointments).

Hardship/Restricted License in Tennessee

Even if your license is suspended after the ALR hearing, you may be eligible for a restricted or hardship license.

• Eligibility Requirements: Eligibility requirements vary depending on the specific circumstances of your case and the length of your suspension. Generally, you must demonstrate a need to drive for essential purposes.

• 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 Department of Safety and paying a fee. You may also need to provide documentation to support your need for a restricted license.

• IID Requirement: In some cases, obtaining a restricted license may require the installation of an Ignition Interlock Device (IID) in your vehicle.

Getting Your License Back

Once your suspension period is over, you will need to take steps to reinstate your driver's license.

After Criminal Case Concludes

The requirements for reinstatement may depend on the outcome of your criminal case.

• Reinstatement Requirements: Generally, you will need to:

• Pay a reinstatement fee to the Department of Safety.

• Show proof of SR-22 insurance (high-risk auto insurance) for a specified period (usually 3 years).

• Complete any court-ordered DUI education programs or alcohol/drug treatment.

• Fees: Reinstatement fees vary and are subject to change. Contact the Tennessee Department of Safety for current fee information.

• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state of Tennessee for drivers who have been convicted of certain traffic offenses, including DUI.

• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or alcohol/drug treatment program as part of your sentence or as a condition of license reinstatement.

Washington DMV Offices

Unfortunately, specific addresses and hours for DMV offices directly in Washington, TN, are not readily available in this response. However, you can easily find this information by:

• Visiting the Tennessee Department of Safety website (tn.gov/safety). Their website has a "Locations" or "Office Finder" tool where you can search for DMV offices by city or zip code.
• Using a search engine (Google, Bing, etc.). Search for "Washington TN DMV" or "Washington TN Driver License Office."

Special Programs

• Ignition Interlock Device Program: Tennessee has an Ignition Interlock Device (IID) program for individuals convicted of DUI. An IID is a device installed in your vehicle that requires you to blow into it before starting the car. If the device detects alcohol, the car will not start. This may be required for restricted licenses and/or after your suspension period.

• Occupational License: While Tennessee doesn't explicitly offer an "occupational license" the restricted license serves a similar purpose, allowing driving for work-related activities.

• Any State-Specific Programs: Check with your attorney and the Tennessee Department of Safety for any other specific programs that may be available to you based on the circumstances of your DUI.

Disclaimer: This guide provides general information only and is not legal advice. Consult with a qualified DUI attorney in Washington, Tennessee, for personalized advice regarding your specific situation. The laws surrounding DUI are subject to change. It is vital to verify any information provided here with official sources.