Franklin County License Hearing Guide

Franklin DUI License Suspension & ALR Hearing

A DUI arrest in Franklin, Tennessee can be a frightening and confusing experience. Beyond the criminal charges, you also face the very real possibility of losing your driving privileges. It's crucial to understand that the license suspension process is handled separately from your criminal case. This is known as the Administrative License Revocation (ALR) process, and it has its own set of rules and deadlines. This guide will provide you with the immediate, practical information you need to navigate the ALR process and fight to keep your license.

Your License After a DUI Arrest in Franklin

After a DUI arrest, you're dealing with two distinct legal battles: the criminal case and the administrative license suspension. The criminal case focuses on proving you drove under the influence beyond a reasonable doubt. The ALR process, on the other hand, is a civil matter handled by the Tennessee Department of Safety and Homeland Security (often referred to as the DMV or DPS). This process determines whether your driving privileges should be suspended based on the circumstances of your arrest. Even if you are ultimately found not guilty in criminal court, your license can still be suspended through the ALR process. Understanding this separation is the first step in protecting your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Time is of the essence! You have a very limited window to challenge the potential suspension of your license. You MUST request an Administrative License Revocation (ALR) hearing within 15 days of your DUI arrest in Franklin, Tennessee. Missing this deadline results in an automatic suspension of your driver's license.

• Where to Request: You must request the hearing from the Tennessee Department of Safety and Homeland Security (TDOSHS).

• How to Request: The specific method for requesting a hearing should be outlined on the temporary driving permit you received upon arrest. However, generally, you can request a hearing by:

• Online: Check the TDOSHS website for online hearing request forms.

• Mail: Send a written request for a hearing to the address specified on your temporary permit or on the TDOSHS website. Include your full name, date of birth, driver's license number, and the date of your arrest. Be sure to send it via certified mail with return receipt requested to prove timely submission.

• (Potentially) Phone: While less common and not recommended as the primary method, you might be able to request a hearing by phone. Contact the TDOSHS directly to inquire about this option.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your license will be automatically suspended. There is very little you can do to reverse this automatic suspension once the deadline passes, so act immediately.

Automatic License Suspension

Following a DUI arrest, your license faces immediate potential suspension 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, you face an automatic license suspension. The length of the suspension depends on factors like prior DUI convictions.

• BAC over 0.08: The suspension period will vary based on the specifics of your case and Tennessee law. Expect a suspension of at least several months for a first offense.
• Temporary Permit: The temporary driving permit you received at the time of your arrest is typically valid until your ALR hearing or until the suspension period begins, whichever comes first. This allows you to drive legally for a short period while you address the situation.

If You Refused Testing

Refusing to submit to a breath or blood test carries significantly harsher penalties than failing the test.

• Refusal Penalty: In Tennessee, refusing a breath or blood test typically results in a longer license suspension than failing the test.
• Implied Consent Law in Tennessee: Tennessee, like most states, has an implied consent law. This law states that by driving on Tennessee roads, you have implicitly consented to submit to chemical testing if lawfully arrested for DUI. Refusal to comply with this law carries its own set of penalties, including a longer license suspension.

The ALR/Administrative Hearing

The ALR hearing is your opportunity to challenge the suspension of your driver's license.

What It Is

• Separate from Criminal Court: It's vital to remember that the ALR hearing is completely separate from your criminal DUI case. The outcome of the ALR hearing does not automatically determine the outcome of your criminal case, and vice-versa.
• Decide if License Suspension is Warranted: The purpose of the ALR hearing is to determine whether the Department of Safety and Homeland Security has sufficient evidence to suspend your license.
• Lower Burden of Proof Than Criminal Trial: The standard of proof in an ALR hearing is lower than in a criminal trial. The state only needs to show by a "preponderance of the evidence" (more likely than not) that the suspension is justified. This is a lower bar than "beyond a reasonable doubt" required for a criminal conviction.

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
• Video footage (e.g., dashcam footage)
• Medical records
• Documentation related to the arrest
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Tennessee ALR hearings can be invaluable. They understand the legal procedures, can build a strong defense, and represent you effectively at the hearing.
• Understand What You Can Challenge: Common challenges in ALR hearings include:
• Lack of probable cause for the initial traffic stop
• Improper administration of the breath/blood test
• Failure to properly advise you of your implied consent rights
• Errors in the police report

Possible Outcomes

The ALR hearing can have several possible outcomes:

• Suspension Upheld: The hearing officer finds sufficient evidence to uphold the license suspension.
• Suspension Overturned: The hearing officer finds that the state did not meet its burden of proof, and your license is not suspended.
• 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 with a suspended license, you might qualify for a restricted license, also known as a hardship license, in Tennessee.

• Eligibility Requirements: Eligibility requirements for a hardship license vary depending on the circumstances of your DUI arrest and your driving record. Generally, you must demonstrate a genuine need to drive for essential purposes.
• What You Can Drive For: A hardship license typically allows you to drive only for specific purposes, such as:
• Work
• School
• Medical appointments
• Costs and Application Process: There are fees associated with applying for a hardship license. The application process typically involves submitting documentation to the court or the Department of Safety and Homeland Security.
• IID Requirement: Depending on the specifics of your DUI charge, you may be required to install an Ignition Interlock Device (IID) in your vehicle as a condition of receiving a hardship license.

Getting Your License Back

After the suspension period ends, you'll need to take steps to reinstate your driving privileges.

After Criminal Case Concludes

• Reinstatement Requirements: Requirements for license reinstatement may include:
• Paying reinstatement fees
• Completing a DUI education program
• Passing the driving test (written and/or practical)
• Providing proof of insurance
• Fees: Be prepared to pay reinstatement fees to the Department of Safety and Homeland Security.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility, for a specified period. This indicates to the state that you are carrying the required minimum liability insurance.
• Classes/Programs That Must Be Completed: Completing a DUI education program or alcohol and drug assessment is often a requirement for license reinstatement.

Franklin DMV Offices

Unfortunately, there are no dedicated DMV offices directly located within Franklin, TN. However, you can find nearby locations in surrounding areas. Check the Tennessee Department of Safety and Homeland Security website (www.tn.gov/safety) for the most up-to-date list of locations, addresses, phone numbers, and hours of operation. Be sure to call ahead to confirm hours and appointment availability.

Special Programs

• Ignition Interlock Device Program: Tennessee has an Ignition Interlock Device (IID) program, which may be required for certain DUI offenders. This program requires you to install a device in your vehicle that prevents it from starting if you have alcohol on your breath.
• Occupational License: An occupational license allows you to drive for work-related purposes only, even if your license is suspended. Eligibility requirements and restrictions apply.
• Any State-Specific Programs: Check with your DUI attorney or the Department of Safety and Homeland Security for information on any other state-specific programs that may be available to you.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. It is essential to consult with a qualified DUI attorney in Franklin, Tennessee, for advice tailored to your specific situation. The laws and procedures related to DUI and license suspension can change, so it's crucial to stay informed about the latest developments.