Stewart County License Hearing Guide

Stewart DUI License Suspension & ALR Hearing: A Critical Guide

A DUI arrest in Stewart, Tennessee can trigger two separate legal proceedings: a criminal case in court and an administrative action against your driver's license. This guide focuses specifically on the administrative side, specifically the potential suspension of your driver's license and the process for challenging that suspension through an Administrative License Revocation (ALR) hearing. Understanding this process and acting quickly is crucial to preserving your driving privileges.

CRITICAL DEADLINE: Request Hearing Within 15 Days

After a DUI arrest in Stewart, you face an immediate threat to your driver's license. In Tennessee, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. This hearing gives you the opportunity to challenge the suspension of your license.

Where to Request: The request for an ALR hearing must be submitted to the Tennessee Department of Safety and Homeland Security (specifically, the Driver Improvement Division).

How to Request: While specific online options may be available (check the Tennessee Department of Safety and Homeland Security website), it is generally recommended to submit your request in writing via certified mail with return receipt requested. This provides proof that your request was received within the 15-day deadline. Your request should include:

• Your full name
• Your date of birth
• Your driver's license number
• The date of your DUI arrest
• A clear statement requesting an ALR hearing to contest the suspension of your driver's license.
• Your current mailing address and phone number.

What Happens If You Miss the Deadline: If you fail to request an ALR hearing within 15 days of your arrest, your driver's license will be automatically suspended. This suspension will take effect, and you will lose your opportunity to challenge it administratively. Don't delay!

Automatic License Suspension

Even if you plan to fight your DUI charge in criminal court, the administrative suspension of your license operates independently. The grounds for suspension depend on whether you took a breath or blood test and the results.

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 suspension period varies based on factors like prior DUI convictions, but you can expect a suspension of at least 1 year for a first offense.
• Temporary Permit: After the arrest, you likely received a temporary driving permit. This permit is usually valid until your ALR hearing is held, or until the suspension officially begins if you don't request a hearing or if your suspension is upheld.

If You Refused Testing

• Refusal Penalty: Refusing to submit to a breath, blood, or urine test carries a more severe penalty than failing the test. In Tennessee, refusing testing will result in a longer suspension period than failing the test. Expect a suspension of at least 1 year for a first refusal.
• Implied Consent Law in Tennessee: Tennessee, like all 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. Refusal to do so carries significant consequences.

The ALR/Administrative Hearing

What It Is

The ALR hearing is a separate legal proceeding from your criminal DUI case. It is an administrative hearing conducted by the Tennessee Department of Safety and Homeland Security to determine whether your driver's license should be suspended due to your DUI arrest.

• Separate from Criminal Court: Even if you are found not guilty in criminal court, your license can still be suspended through the ALR process.
• Decides if License Suspension Is Warranted: The hearing officer will review the evidence to determine if there was probable cause for your arrest, if you were lawfully arrested, and if your BAC was over the legal limit (if you took the test) 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 state only needs to show "preponderance of the evidence" (more likely than not) that the suspension is justified, rather than "beyond a reasonable doubt."

How to Prepare

Proper preparation is essential for a successful ALR hearing.

• Gather Evidence: Collect any evidence that supports your case. This might include witness statements, dashcam footage, or any other information that could challenge the grounds for your arrest or the accuracy of the BAC testing.
• Consider Hiring a DUI Attorney: A DUI attorney experienced in Tennessee DUI law can be invaluable. They can help you navigate the complex legal procedures, gather evidence, and represent you at the hearing. They understand the nuances of ALR hearings and can significantly increase your chances of a favorable outcome.
• Understand What You Can Challenge: You can challenge several aspects of the state's case, including:
• Whether the officer had probable cause to stop you.
• Whether you were lawfully arrested.
• Whether the breath or blood test was properly administered and the results are accurate.
• Whether you were properly informed of the implied consent law and the consequences of refusing testing.

Possible Outcomes

• Suspension Upheld: If the hearing officer finds that the state has met its burden of proof, your license suspension will be upheld.
• Suspension Overturned: If the hearing officer finds that the state 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. This allows you to drive for essential purposes, such as work, school, or medical appointments.

Hardship/Restricted License in Tennessee

Tennessee allows for hardship licenses in certain DUI cases. These licenses allow limited driving privileges during the suspension period.

• Eligibility Requirements: Eligibility for a hardship license depends on the specific circumstances of your case, including the length of your suspension and whether you have prior DUI convictions. You generally need to demonstrate a genuine need to drive for work, school, court-ordered treatment, or medical appointments.
• What You Can Drive For: A hardship license typically restricts you to driving for specific purposes, such as commuting to and from work, attending school, or going to medical appointments. The license will specify the allowed times and locations for driving.
• Costs and Application Process: Applying for a hardship license involves completing an application form and paying a fee. You will need to provide documentation to support your need for a restricted license, such as a letter from your employer or proof of enrollment in school.
• IID Requirement: Depending on the specifics of your DUI, an Ignition Interlock Device (IID) may be required as a condition of obtaining a hardship license.

Getting Your License Back

Reinstating your license after a DUI suspension involves several steps.

After Criminal Case Concludes

Whether you plead guilty, are found guilty, or have your charges dismissed, you must complete certain requirements to reinstate your license.

• Reinstatement Requirements: These requirements typically include:
• Serving the full suspension period.
• Paying a reinstatement fee to the Tennessee Department of Safety and Homeland Security.
• Providing proof of SR-22 insurance (a certificate of financial responsibility).
• Completing any required DUI education programs or treatment.
• Fees: Reinstatement fees vary and are subject to change. Contact the Tennessee Department of Safety and Homeland Security for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility that your insurance company files with the state, proving that you have the required minimum liability insurance coverage. You may be required to maintain SR-22 insurance for a period of several years after a DUI conviction.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and your prior record, you may be required to complete DUI education programs or substance abuse treatment.

Stewart DMV Offices

Since Stewart is a smaller area, the nearest full-service DMV offices are likely located in neighboring counties. Check the Tennessee Department of Safety and Homeland Security website for the most up-to-date information on office locations and hours.

• (Check the Tennessee Department of Safety and Homeland Security website for the closest DMV locations and hours of operation.)

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: An occupational license (similar to a hardship license) allows you to drive for work-related purposes. Eligibility requirements and restrictions vary.
• Tennessee Alcohol and Drug Education Program (TADEP): This program is often required for DUI offenders and provides education about the dangers of alcohol and drug use.

Disclaimer: This guide provides general information and should not be considered legal advice. It is essential to consult with a qualified Tennessee DUI attorney to discuss the specific facts of your case and to obtain legal advice tailored to your situation. Remember, the 15-day deadline to request an ALR hearing is critical. Act quickly to protect your driving privileges.