Moore County License Hearing Guide

Moore DUI License Suspension & ALR Hearing: What You Need to Know NOW

A DUI arrest in Moore, Tennessee, can be a frightening and confusing experience. It's crucial to understand that your DUI case involves two separate legal processes: a criminal case in court and an administrative process concerning your driver's license. This guide focuses on the administrative side, specifically how to fight the suspension of your driver's license through an Administrative License Revocation (ALR) hearing. Time is of the essence! You have a very limited window to act and protect your driving privileges.

CRITICAL DEADLINE: Request an ALR Hearing Within 15 Days

After a DUI arrest in Moore County, the Tennessee Department of Safety (TDOS) will likely attempt to suspend your driver's license. To challenge this suspension, you MUST request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Missing this deadline means an automatic license suspension, regardless of the outcome of your criminal case.

Where to Request:

You must request the hearing from the Tennessee Department of Safety (TDOS).

How to Request:

While specific procedures may vary, you generally request an ALR hearing through the TDOS website or by mail. Check the paperwork you received at the time of your arrest for specific instructions and a contact address. It is crucial to follow these instructions precisely.

• Online (if available): Visit the Tennessee Department of Safety website (search for "ALR Hearing Request Tennessee") and follow the online instructions.
• Mail: Send a written request for an ALR hearing to the address provided on your DUI paperwork or the TDOS website. Send it certified mail with return receipt requested to ensure you have proof of timely submission. The request should include:
• Your full name
• Your date of birth
• Your driver's license number
• Your current address
• The date of your arrest
• A clear statement that you are requesting an ALR hearing to contest the suspension of your driver's license.

What Happens If You Miss the Deadline?

If you fail to request an ALR hearing within 15 days, your license will be automatically suspended. You will lose your opportunity to challenge the suspension administratively, and you will have to wait out the suspension period before you can reinstate your license. Don't let this happen!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to an automatic suspension pending the outcome of the hearing. The length of the suspension depends on whether you submitted to a breath/blood test and the results, or if you refused testing altogether.

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 likely be suspended for a period determined by Tennessee law, typically .
• Temporary Permit: You may have received a temporary driving permit at the time of your arrest. This permit is typically valid until your ALR hearing or until the date the suspension is scheduled to begin, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath or blood test carries a significantly harsher penalty in Tennessee. Refusal typically results in a longer license suspension than failing the test. The suspension period for refusal is typically .
• Implied Consent Law in Tennessee: By driving on Tennessee roads, you have given your "implied consent" to submit to chemical testing if lawfully arrested for DUI. Refusal to submit to testing can result in immediate and significant penalties, as outlined above.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate proceeding from your criminal DUI case. It's an administrative hearing conducted by the Tennessee Department of Safety (TDOS) to determine whether the state has sufficient evidence to suspend your driver's license. The hearing officer is an employee of the TDOS, not a judge.

The burden of proof is lower in an ALR hearing than in a criminal trial. The state only needs to prove by a preponderance of the evidence (more likely than not) that:

• You were lawfully arrested for DUI.
• The officer had reasonable grounds to believe you were driving under the influence.
• You either refused to submit to a chemical test or your BAC was 0.08% or higher.

How to Prepare

Proper preparation is crucial for a successful ALR hearing. Here are some steps you can take:

• Gather Evidence: Collect any evidence that supports your case. This might include:
• Witness statements
• Video footage (e.g., dashcam footage from your vehicle or nearby businesses)
• Medical records
• Any documentation that contradicts the officer's report.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee ALR hearings can be invaluable. They can:
• Review the evidence against you
• Advise you on your legal options
• Represent you at the hearing
• Cross-examine witnesses
• Present your case effectively
• Understand What You Can Challenge: You can challenge various aspects of the state's case, including:
• The legality of the traffic stop
• The officer's reasonable suspicion for believing you were driving under the influence
• The accuracy of the breath/blood test results
• Whether you were properly informed of your rights regarding chemical testing

Possible Outcomes

The hearing officer will issue a decision after the hearing. Possible outcomes include:

• Suspension Upheld: The hearing officer finds that the state has met its burden of proof, and your license suspension will be upheld.
• Suspension Overturned: The hearing officer finds that the state has not met its burden of proof, and your license suspension will be overturned. You will be able to retain your driving privileges.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant 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, allowing you to drive under specific circumstances.

• Eligibility Requirements: Eligibility requirements for a restricted license vary depending on the circumstances of your DUI arrest and your driving record. You will likely need to demonstrate a genuine need to drive, such as for work, school, or medical appointments.
• What You Can Drive For: A restricted license typically allows you to drive only to and from specific locations, such as your workplace, school, doctor's office, or alcohol education program.
• Costs and Application Process: The application process for a restricted license involves completing an application, providing supporting documentation, and paying a fee. Contact the Tennessee Department of Safety for specific instructions and requirements.
• IID Requirement: Depending on the circumstances of your DUI, 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

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Even if you win your ALR hearing, you will still need to deal with your criminal DUI case. The outcome of your criminal case can further affect your driving privileges.

• Reinstatement Requirements: To reinstate your license after the suspension period, you will typically need to:
• Pay a reinstatement fee.
• Provide proof of SR-22 insurance (high-risk auto insurance).
• Complete any required alcohol education programs or treatment.
• Fees: Reinstatement fees vary and can be significant.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that proves you have the minimum required auto insurance coverage.
• Classes/Programs That Must Be Completed: You may be required to complete a DUI education program or alcohol and drug assessment as a condition of reinstatement.

Moore DMV Offices

Unfortunately, Moore County has no incorporated towns or cities and therefore no local DMV office. You will need to travel to a nearby county. Here are some of the closest options:

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Special Programs

• Ignition Interlock Device Program: Tennessee has an IID program that may be required for certain DUI offenders. An IID is a device installed in your vehicle that requires you to blow into it before starting the engine. If the device detects alcohol, the vehicle will not start.
• Occupational License: While technically hardship licenses are available, an occupational license that allows for operation of a commercial vehicle may be available depending on the circumstances.
• [Research any other state-specific programs related to DUI offenses and license reinstatement in Tennessee and include them here.]

This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified Tennessee DUI attorney as soon as possible after a DUI arrest to protect your rights and explore your legal options. Remember, the 15-day deadline to request an ALR hearing is crucial! Don't delay!