Cannon County License Hearing Guide

Cannon DUI License Suspension & ALR Hearing

If you've just been arrested for DUI in Cannon County, Tennessee, you're likely feeling overwhelmed. It's crucial to understand that there are two separate legal processes you'll be facing: a criminal case in court and an administrative process handled by the Tennessee Department of Safety (DOS). This guide focuses on the administrative side – specifically, your driver's license and the process known as the Administrative License Revocation (ALR) hearing. Your ability to drive could be at stake, and time is of the essence.

CRITICAL DEADLINE: Request Hearing Within 15 Days

This is the single most important thing you need to know: You have only 15 days from the date of your DUI arrest to request an ALR hearing. This hearing gives you the opportunity to challenge the suspension of your driver's license. Failing to request this hearing within the 15-day window will result in an automatic suspension of your license.

Where to Request the Hearing:

You need to request the hearing from the Tennessee Department of Safety (DOS).

How to Request the Hearing:

While the exact procedure can vary, you typically request the hearing in writing. It's highly recommended to send your request via certified mail with a return receipt requested. This provides proof that you sent it within the deadline. Check the Tennessee DOS website or contact them directly for the most up-to-date procedures and any required forms.

What Happens If You Miss the Deadline?

If you miss the 15-day deadline, your driver's license will automatically be suspended. There's often very little recourse once this deadline has passed. This is why acting quickly is absolutely essential.

Automatic License Suspension

Regardless of the outcome of your criminal case, the Department of Safety can suspend your license administratively. The grounds for this suspension depend on whether you took a breath or blood test and, if so, the results.

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 length of this suspension depends on whether this is your first offense and other factors.

• BAC over 0.08: Suspension period varies, but it typically starts around 90 days for a first offense.

You likely received a temporary driving permit after your arrest. This permit is valid until either your ALR hearing is held, or the suspension period begins. Pay close attention to the expiration date of this temporary permit.

If You Refused Testing

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 (breath, blood, or urine) if lawfully requested by a law enforcement officer. Refusing to submit to testing carries a significantly harsher penalty than failing the test.

• Refusal Penalty: In Tennessee, refusing a breath or blood test will result in a longer suspension period than failing the test. Expect a suspension of at least one year for a first refusal.

The ALR/Administrative Hearing

The ALR hearing is a critical opportunity to fight the suspension of your driver's license. It's important to understand its nature and how it differs from your criminal case.

What It Is

• Separate from Criminal Court: The ALR hearing is a civil, administrative proceeding, completely separate from the criminal DUI case. Even if you are ultimately found not guilty in criminal court, your license can still be suspended administratively.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the Department of Safety has sufficient legal grounds to suspend your driver's 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 show "preponderance of the evidence" (more likely than not) that you were driving under the influence.

How to Prepare

Preparing for your ALR hearing is crucial. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case, such as witness statements, video footage (if available), or documentation that challenges the accuracy of the breath or blood test.
• Consider Hiring a DUI Attorney: A qualified DUI attorney experienced in Cannon 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 cross-examine the arresting officer and challenge the evidence presented against you.
• Understand What You Can Challenge: You can challenge various aspects of the DUI arrest and the evidence against you, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you.
• Whether the breath or blood test was administered properly.
• The accuracy and reliability of the testing equipment.
• Whether you were properly informed of your implied consent rights.

Possible Outcomes

The ALR hearing can have one of several possible outcomes:

• Suspension Upheld: If the hearing officer finds that the Department of Safety has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the Department of Safety has not met its burden of proof, your license suspension will be overturned, and your driving privileges will be 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 under specific circumstances (e.g., to and from 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 in Tennessee. This allows you to drive for essential purposes.

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your DUI arrest and your driving record. Generally, you must demonstrate a legitimate need to drive, such as for work, school, or medical appointments.
• What You Can Drive For: Typically, a restricted license allows you to drive only to and from work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves completing an application form and paying a fee. You may also need to provide documentation to support your need for a restricted license. Contact the Tennessee Department of Safety for the most current fees and application procedures.
• IID Requirement: In some cases, obtaining a restricted license may require you to install an ignition interlock device (IID) in your vehicle.

Getting Your License Back

Even after the administrative suspension and any criminal penalties, you'll need to take specific steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements typically include paying a reinstatement fee, providing proof of insurance, and completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary and are subject to change. Check with the Tennessee Department of Safety for the current fee schedule.
• 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: Depending on the specifics of your DUI conviction, you may be required to complete a DUI education program, a substance abuse treatment program, or both.

Cannon DMV Offices

Since Cannon County has no population, the nearest DMV office is:

• Murfreesboro Driver Services Center 826 N Thompson Ln Murfreesboro, TN 37129

Hours Subject to Change - Verify Before Visiting

It is best to contact the DMV directly to confirm hours and services offered.

Special Programs

• Ignition Interlock Device Program: The Tennessee Department of Safety oversees the Ignition Interlock Device (IID) program, which requires individuals convicted of DUI to install an IID in their vehicles.
• Occupational License: An occupational license might be available in specific circumstances if you have a commercial driver’s license (CDL).

This guide provides general information and should not be considered legal advice. It is crucial to consult with a qualified DUI attorney in Cannon County, Tennessee, to discuss your specific case and protect your rights. Remember, the 15-day deadline to request an ALR hearing is critical, so act quickly!