Roane County License Hearing Guide

Roane DUI License Suspension & ALR Hearing

(Updated for 2024)

Being arrested for a DUI in Roane County, Tennessee, can be a frightening and confusing experience. One of the first and most pressing concerns is what will happen to your driver's license. It's crucial to understand that a DUI arrest triggers two separate legal processes: a criminal case in court and an administrative action regarding your driver's license. This guide focuses on the administrative process and how to potentially save your driving privileges after a DUI arrest in Roane County. Don't delay – time is of the essence!

Your License After a DUI Arrest in Roane

After a DUI arrest in Roane County, the arresting officer likely confiscated your driver's license and issued you a temporary driving permit. This temporary permit usually remains valid for a limited time, typically until your Administrative License Revocation (ALR) hearing or the start of your suspension period. It's vital to understand that even if you believe you are innocent, the Department of Safety and Homeland Security (DHS) can suspend your license independently of the criminal court proceedings. The administrative process is separate and has its own set of rules and deadlines.

CRITICAL DEADLINE: Request Hearing Within 15 Days

You have only 15 days from the date of your DUI arrest to request an Administrative License Revocation (ALR) hearing. This is the most important thing you need to know right now. Missing this deadline will result in an automatic suspension of your driver's license. Do not delay!

• Where to Request: The request must be made to the Tennessee Department of Safety and Homeland Security (DHS).

• How to Request: While the exact procedure can vary, you can typically request the hearing:

• Online: Check the Tennessee DHS website for online options. Look for sections related to DUI or Administrative License Revocation hearings.

• Mail: Send a written request by certified mail (return receipt requested) to the address specified by the DHS for ALR hearing requests. This is highly recommended for proof of timely submission. Include your full name, date of birth, driver's license number, and the date of your arrest. Clearly state that you are requesting an ALR hearing to contest the suspension of your driver's license.

• Phone: Calling the DHS might provide information, but a written request is highly recommended for documented proof.

• What Happens If You Miss the Deadline: If you fail to request a hearing within the 15-day timeframe, your driver's license will be automatically suspended. You will lose your driving privileges and will have to navigate the reinstatement process after the suspension period. Don't let this happen!

Automatic License Suspension

Even if you request an ALR hearing, your license may still be subject to automatic suspension depending on the circumstances of your arrest.

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. The suspension period for a first offense varies, but generally falls within the range mandated by Tennessee law. The exact length will be determined by the DHS.

• Temporary Permit Valid Until Hearing or Suspension Begins: As mentioned earlier, the temporary permit you received at the time of your arrest is only valid for a limited time. It remains valid until your ALR hearing (if requested) or the date your suspension officially begins, whichever comes first.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a harsher penalty than failing the test.

• Implied Consent Law in Tennessee: Tennessee, like most states, has an implied consent law. This means that by driving on Tennessee roads, you have implicitly agreed to submit to chemical testing if lawfully arrested for DUI. Refusing to take the test can result in a longer license suspension than failing the test.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate administrative proceeding from your criminal DUI case. Its sole purpose is to determine whether the DHS has sufficient evidence to suspend your driver's license.

• Separate from Criminal Court: The outcome of the ALR hearing does not directly determine the outcome of your criminal case, and vice versa. You can lose your license at the ALR hearing even if you are later found not guilty in criminal court.
• Decide if License Suspension is Warranted: The hearing officer will review the evidence presented to determine if there was probable cause for the DUI arrest and whether your BAC was above the legal limit or if you refused testing.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The DHS only needs to prove its case by a "preponderance of the evidence," meaning it is more likely than not that the facts support the suspension.

How to Prepare

Proper preparation is essential for maximizing your chances of a favorable outcome at the ALR hearing.

• Gather Evidence (Witness Statements, Video, etc.): Collect any evidence that supports your case. This might include witness statements, dashcam footage (if available), or any other documentation that challenges the basis for the DUI arrest or the accuracy of the BAC test.

• Consider Hiring DUI Attorney: A DUI attorney can be invaluable in navigating the complexities of the ALR process. They can help you gather evidence, prepare for the hearing, and present your case effectively. A Roane County DUI attorney will be familiar with local court procedures and personnel.

• Understand What You Can Challenge: You can challenge various aspects of the case, including:

• Whether the officer had probable cause to stop you.

• Whether the officer properly administered the field sobriety tests.

• Whether the breathalyzer machine was properly calibrated and maintained.

• Whether your BAC was accurately measured.

• Whether you were properly advised of your rights regarding the implied consent law.

Possible Outcomes

• Suspension Upheld: The hearing officer determines that the DHS has sufficient evidence to support the suspension. Your license will be suspended for the mandated period.
• Suspension Overturned: The hearing officer determines that the DHS has not met its burden of proof. Your license will be reinstated (though it may still be suspended if you are convicted in the criminal case).
• 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 certain conditions (e.g., to work, school, or medical appointments). This depends on Tennessee law and the specific circumstances of your case.

Hardship/Restricted License in Tennessee

Even if your license is suspended, you may be eligible for a restricted or hardship license.

• Eligibility Requirements: Generally, you must demonstrate a genuine need to drive for essential purposes, such as work, school, medical appointments, or court-ordered obligations. You may also need to complete a DUI education program.
• What You Can Drive For (Work, School, Medical): Restricted licenses typically specify the permissible purposes for driving and may limit the hours you can drive.
• Costs and Application Process: The application process usually involves submitting an application to the DHS, providing supporting documentation, and paying a fee.
• IID Requirement: Depending on the circumstances of your DUI arrest and Tennessee law, 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 driver's license after a DUI suspension involves several steps.

After Criminal Case Concludes

• Reinstatement Requirements: You will need to fulfill all the requirements imposed by the court and the DHS, including completing any required DUI education programs, paying fines and court costs, and serving any jail time.
• Fees: There will be reinstatement fees to pay to the DHS.
• SR-22 Insurance Requirement: You may be required to obtain SR-22 insurance, which is a certificate of financial responsibility demonstrating that you have liability insurance coverage.
• Classes/Programs That Must Be Completed: Complete any required DUI education programs or alcohol/drug treatment programs.

Roane DMV Offices

Unfortunately, we do not have specific DMV office information for Roane County at this time. Please check the Tennessee Department of Safety and Homeland Security website (tn.gov/safety) for the most up-to-date information on local office locations and hours.

Special Programs

• Ignition Interlock Device Program: Tennessee has an IID program that allows individuals convicted of DUI to regain driving privileges sooner by installing a device in their vehicle that prevents it from starting if alcohol is detected on their breath.
• Occupational License: In certain situations, you may be able to obtain an occupational license that allows you to drive for work-related purposes even if your license is suspended.

This guide provides a general overview of the DUI license suspension and ALR hearing process in Roane County, Tennessee. It is not a substitute for legal advice. It is strongly recommended that you consult with a qualified DUI attorney in Roane County to discuss your specific situation and protect your rights. Time is of the essence, so act quickly to request your ALR hearing and begin preparing your defense.