Houston County License Hearing Guide

Houston DUI License Suspension & ALR Hearing

You've just been arrested for a DUI in Houston, Tennessee. This is a stressful time, and it's crucial to understand what happens next, especially regarding your driver's license. Don't panic. This guide is designed to provide you with the immediate, practical information you need to navigate the administrative process of license suspension. It's important to understand that the administrative process regarding your license is separate from the criminal case against you. Even if you are eventually found not guilty in court, your license can still be suspended administratively. This guide focuses on the administrative process.

CRITICAL DEADLINE: Request Hearing Within 15 Days

Following a DUI arrest in Houston, Tennessee, your driving privileges are immediately at risk. The Tennessee Department of Safety and Homeland Security (DHS) has the authority to suspend your license through an administrative process, independent of the criminal court case. You have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing is your opportunity to challenge the suspension and potentially save your license.

Where to Request:

The ALR hearing is requested through the Tennessee Department of Safety and Homeland Security.

How to Request:

While specific methods might vary slightly, you typically request the hearing by contacting the Tennessee Department of Safety and Homeland Security. Check their website (usually tn.gov/safety) for the most up-to-date information and specific forms. You may be able to request the hearing:

• Online: Check the DHS website for an online portal or form.
• Phone: Call the DHS Driver Services Division. The number should be available on their website.
• Mail: Send a written request via certified mail to the address specified on the DHS website or the paperwork you received at the time of your arrest. Certified mail is highly recommended to provide proof of timely submission.

Your request must be received (not postmarked) within 15 days.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within the 15-day deadline, your license will be automatically suspended. There is very little recourse once this deadline passes. The suspension will go into effect on a specific date provided by the arresting officer or the DHS, and you will be unable to drive legally until the suspension period ends and you meet reinstatement requirements. Do not miss this deadline.

Automatic License Suspension

Following a DUI arrest, your license can be automatically suspended depending on the circumstances of your arrest, specifically related to breath or blood alcohol 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. The exact length of the suspension will depend on Tennessee law and whether you have prior DUI convictions. You will receive notice of the suspension period from the Department of Safety.
• Temporary permit valid until hearing or suspension begins: You may have been issued a temporary driving permit at the time of your arrest. This permit allows you to drive legally for a limited time, typically until your ALR hearing date or the date the suspension officially begins if you did not request a hearing. Pay close attention to the expiration date of this permit.

If You Refused Testing

• Refusal penalty: Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test in Tennessee.
• 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. Refusing to take the test can result in a longer license suspension than if you had taken and failed the test.

The ALR/Administrative Hearing

The ALR hearing is a crucial step in defending your driving privileges after a DUI arrest. Understanding its purpose and how to prepare is essential.

What It Is

• Separate from criminal court: The ALR hearing is completely separate from your criminal DUI case. It is an administrative proceeding conducted by the Tennessee Department of Safety and Homeland Security.
• Decides if license suspension is warranted: The sole purpose of the ALR hearing is to determine whether the state has sufficient evidence to justify suspending 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 state only needs to show that it is more likely than not that you were driving under the influence, rather than proving it beyond a reasonable doubt.

How to Prepare

Proper preparation is key to a successful ALR hearing.

• Gather evidence (witness statements, video, etc.): Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any documentation that contradicts the police report.
• Consider hiring a DUI attorney: A DUI attorney experienced in Tennessee ALR hearings can provide invaluable assistance. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses. While the choice to hire an attorney is yours, it is highly recommended.
• Understand what you can challenge: At the ALR hearing, you can challenge various aspects of the state's case, including:
• Whether the officer had reasonable suspicion to stop you.
• Whether the officer had probable cause to arrest you for DUI.
• Whether the breath or blood test was administered correctly.
• The accuracy of the testing equipment.
• Whether you were properly informed of your rights regarding testing.

Possible Outcomes

The ALR hearing can result in one of three possible outcomes:

• Suspension upheld: If the hearing officer finds that the state has presented sufficient evidence to justify the suspension, your license will be suspended.
• Suspension overturned: If the hearing officer finds that the state has failed to meet its burden of proof, the 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 for limited purposes such as work, school, or medical appointments. (See section below)

Hardship/Restricted License in Tennessee

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

• Eligibility requirements: Eligibility varies depending on the specifics of your DUI charge, prior record, and the length of your suspension. Consult with a DUI attorney or the DHS for specific requirements.
• What you can drive for (work, school, medical): Typically, a restricted license allows you to drive to and from work, school, medical appointments, and other essential activities.
• Costs and application process: The application process involves submitting an application to the DHS, paying a fee, and providing documentation to support your need for a restricted license.
• IID requirement: Depending on the circumstances, you may be required to install an ignition interlock device (IID) in 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 steps to reinstate your driver's license. This process applies both after the ALR process and after the criminal case concludes.

After Criminal Case Concludes

Even if you win your ALR hearing, you may still face license suspension due to the criminal case.

• Reinstatement requirements: Reinstatement requirements typically include:
• Paying a reinstatement fee to the DHS.
• Providing proof of SR-22 insurance (high-risk auto insurance).
• Completing any required DUI education or treatment programs.
• Fees: Reinstatement fees vary and are subject to change. Contact the DHS for the current fee schedule.
• SR-22 insurance requirement: SR-22 insurance is a certificate of financial responsibility required by the state to verify that you have liability insurance coverage. You will likely be required to maintain SR-22 insurance for a specific period, typically several years.
• 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.

Houston DMV Offices

Since Houston is a small county, you will likely need to travel to a neighboring county to visit a full-service DMV office. Here are a few options in nearby areas. It is always best to confirm hours and services before visiting.

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Please note that smaller driver's license centers may only offer limited services.

Special Programs

• Ignition interlock device program: Tennessee has an IID program for repeat DUI offenders and, in some cases, for first-time offenders seeking a restricted license.
• Occupational license: An occupational license may be available in certain circumstances, allowing you to drive for work-related purposes even if your license is suspended.
• [Research and add any other relevant state-specific programs]

This guide provides general information and should not be considered legal advice. Given the complexities of DUI law and the potential consequences of a conviction, it is strongly recommended that you consult with a qualified DUI attorney in Houston, Tennessee, to discuss your specific situation and explore your legal options. Remember to act quickly to protect your driving privileges.