Washington County License Hearing Guide

Washington County DUI License Suspension & ALR Hearing

After a DUI arrest in Washington County, you face two separate legal processes: a criminal case in court and an administrative action against your driver's license. This guide focuses on the administrative process, specifically the potential suspension of your license and how to challenge it. The administrative process is handled separately from the criminal court case. Even if you are found not guilty in criminal court, your license can still be suspended through the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Washington County, you have only 15 days to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the potential suspension of your driver's license. The Tennessee Department of Safety and Homeland Security handles these hearings.

To request a hearing, you must contact the Tennessee Department of Safety and Homeland Security within 15 days of your DUI arrest. Failure to request a hearing within this timeframe will result in an automatic suspension of your driver's license.

Details on how to request an ALR hearing can be found on the Tennessee Department of Human Services Appeals and Hearings FAQ.

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 are very limited exceptions to this rule, so it is crucial to act quickly.

Automatic License Suspension

Even before your criminal case is resolved, your driver's license can be automatically suspended 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 under Tennessee law. The length of the suspension varies based on factors such as prior DUI convictions. You may be issued a temporary driving permit, which is valid until your ALR hearing or until the suspension officially begins.

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. Refusal to submit to a breath, blood, or urine test carries a longer license suspension than failing the test. The suspension for refusing a test is typically one year for a first offense, but this can increase for subsequent refusals or DUI convictions.

The ALR/Administrative Hearing

What It Is

The ALR hearing is an administrative proceeding, separate from your criminal case. Its sole purpose is to determine whether the Tennessee Department of Safety and Homeland Security has sufficient grounds to suspend your driver's license. The standard of proof in an ALR hearing is lower than in a criminal trial. This means that the Department can suspend your license even if there isn't enough evidence to convict you of DUI in criminal court.

How to Prepare

Preparing for an ALR hearing is critical. While you can represent yourself, consulting with a DUI attorney is highly recommended. Here are some steps you can take 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 DUI stop and arrest, including whether the officer had reasonable suspicion to stop you, whether you were properly advised of your implied consent rights, and the accuracy of the breath or blood test results.

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: If the hearing officer finds sufficient evidence to support the suspension, your license will be suspended for the statutory period.
• Suspension Overturned: If the hearing officer finds that the Department did not meet its burden of proof, the suspension will be overturned, and your license will be reinstated.
• Restricted/Hardship License Granted: In some cases, you may be eligible for a restricted or hardship license, allowing you to drive under specific circumstances, such as for work or school.

Hardship/Restricted License in Tennessee

Even with a suspended license, you may be eligible for a restricted or hardship license in Tennessee, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements vary depending on the reason for the suspension and your prior driving record. Generally, you must demonstrate a need to drive for work, school, medical appointments, or other essential purposes.
• What You Can Drive For: A restricted license typically limits you to driving to and from work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves submitting an application to the Tennessee Department of Safety and Homeland Security, providing documentation of your need to drive, and paying a fee.
• IID Requirement: Depending on the circumstances of your DUI arrest and your prior record, you may be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of obtaining a restricted license.

Getting Your License Back

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

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee to the Tennessee Department of Safety and Homeland Security and providing proof of insurance.
• Fees: Reinstatement fees vary depending on the reason for the suspension.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period.
• Classes/Programs That Must Be Completed: You may also be required to complete a DUI education program or substance abuse treatment program as a condition of reinstatement.

Washington County DMV Offices

The Tennessee Department of Revenue handles driver's license services. However, the specific addresses, phone numbers, and hours for Washington County locations are not available in the provided research data.

Special Programs

• Ignition Interlock Device Program: Tennessee has an Ignition Interlock Device (IID) program for individuals convicted of DUI. The Tennessee Department of Safety and Homeland Security Safety Support Division provides information on approved IID vendors.

Frequently Asked Questions

Q: What happens if I am arrested for a "Sober DUI" in Washington County? A: Given the prevalence of "Sober DUI" arrests in Tennessee, it's crucial to consult with a DUI attorney immediately. The attorney can challenge the probable cause for your arrest, particularly the Standardized Field Sobriety Tests (SFSTs), by leveraging statewide statistics on "Sober DUI" arrests.

Q: My car was impounded after my DUI arrest in Johnson City on a Saturday night. How do I find out where it is? A: The JCPD Records division, which can tell you where your car was towed, is only open Monday through Friday, 7:00 a.m. to 11:00 p.m. This means you may have to wait until Monday morning, and you will accrue storage fees over the weekend. Call them at 423-434-6160 (Option 2) as soon as they open.

Q: Can I get a restricted license immediately after my DUI arrest in Washington County? A: Not typically. You must first request an ALR hearing and either have your suspension overturned or meet the eligibility requirements for a restricted license, which may involve a waiting period.