Union County License Hearing Guide

Union DUI License Suspension & ALR Hearing: Protect Your Driving Privileges Now!

Being arrested for DUI in Union, Tennessee, is a stressful and confusing experience. One of the most immediate concerns is your driver's license. It's crucial to understand that there are two separate legal processes at play: the criminal case and the administrative process related to your driving privileges. This guide focuses on the administrative process, specifically the potential license suspension and the Administrative License Revocation (ALR) hearing. Time is of the essence!

Your License After a DUI Arrest in Union

After a DUI arrest, the Tennessee Department of Safety and Homeland Security (TDOSHS) can suspend your driver's license, even before your criminal case is resolved. This administrative suspension is entirely separate from any penalties you might face in criminal court. This means you could potentially be acquitted of the DUI charge in court but still lose your license through the ALR process. This guide will help you navigate the ALR process and understand your rights.

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 hearing is your opportunity to challenge the suspension of your driver's license. Missing this deadline means you automatically lose your license!

• Where to Request: The Tennessee Department of Safety and Homeland Security (TDOSHS).

• How to Request: You can request a hearing online or by mail. It is highly recommended to send your request via certified mail with return receipt requested to ensure proof of delivery.

• Online: Visit the TDOSHS website (search "Tennessee ALR Hearing Request"). Look for the online portal for requesting an administrative hearing. Have your citation information readily available.

• Mail: Send a written request to the address provided on your DUI paperwork (typically the arresting officer will provide this). If you cannot find this address, contact the TDOSHS Driver Services Division immediately. In your letter, include:

• Your full name

• Your date of birth

• Your driver's license number

• Your current address

• A clear statement that you are requesting an ALR hearing regarding your DUI arrest on [Date of Arrest] in Union County.

• What Happens If You Miss the Deadline: If you fail to request a hearing within 15 days, your driver's license will be automatically suspended. There are very few exceptions to this rule, so act quickly!

Automatic License Suspension

The TDOSHS will automatically suspend your license under certain circumstances after a DUI 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 be suspended. The specific suspension period varies, but it's typically a minimum of 90 days for a first offense, and can be longer. Requesting an ALR hearing can potentially prevent or shorten this suspension.
• Temporary Permit: You may have been issued a temporary driving permit after your arrest. This permit is usually valid until your ALR hearing or until the suspension officially begins, whichever comes first. Pay close attention to the expiration date on the permit.

If You Refused Testing

• Refusal Penalty: Refusing to take a breath, blood, or urine test after a DUI arrest carries a significantly harsher penalty than failing the test in Tennessee. The suspension period for refusal is typically much longer than the suspension for a failed 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 submit to testing can result in immediate and severe penalties, including a longer license suspension.

The ALR/Administrative Hearing

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

What It Is

• Separate from Criminal Court: This is not a criminal trial. It's an administrative hearing conducted by the TDOSHS.
• Decides if License Suspension is Warranted: The purpose of the hearing is to determine whether the TDOSHS had sufficient grounds to suspend your license following your DUI arrest.
• Lower Burden of Proof Than Criminal Trial: The burden of proof in an ALR hearing is lower than in a criminal trial. The TDOSHS only needs to show "probable cause" that you were driving under the influence, not "beyond a reasonable doubt."

How to Prepare

• Gather Evidence: Gather any evidence that could support your case. This might include:
• Witness statements (if anyone saw you before or after the arrest)
• Video footage (if available from dashcams or body cameras)
• Medical records (if you have a medical condition that could have affected the test results)
• Consider Hiring a DUI Attorney: A DUI attorney experienced with Tennessee ALR hearings can be invaluable. They understand the legal procedures, can present your case effectively, and can cross-examine witnesses.
• Understand What You Can Challenge: You can challenge various aspects of the DUI stop and arrest, including:
• Whether the police officer had reasonable suspicion to stop your vehicle.
• Whether the officer properly administered the breath or blood test.
• Whether you were properly informed of your rights under implied consent laws.

Possible Outcomes

• Suspension Upheld: The hearing officer rules in favor of the TDOSHS, and your license suspension remains in effect.
• Suspension Overturned: The hearing officer rules in your favor, and your license is reinstated.
• Restricted/Hardship License Granted: In some cases, the hearing officer may grant a restricted or hardship license, allowing you to drive for limited purposes (e.g., work, school, medical appointments) while your suspension is in effect.

Hardship/Restricted License in Tennessee

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

• Eligibility Requirements: Eligibility requirements vary depending on the circumstances of your DUI and your prior driving record. Generally, you must demonstrate a genuine need to drive (e.g., for work, school, medical appointments).
• What You Can Drive For: A restricted license typically allows you to drive only to and from work, school, medical appointments, and court-ordered obligations.
• Costs and Application Process: The application process involves submitting an application to the TDOSHS, paying a fee, and providing documentation to support your need for a restricted license. Contact the TDOSHS Driver Services Division for specific requirements and costs.
• IID Requirement: In some cases, 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 and your criminal case is resolved, you'll need to take steps to reinstate your license.

After Criminal Case Concludes

• Reinstatement Requirements: Reinstatement requirements vary depending on the outcome of your criminal case and the length of your suspension. Generally, you will need to:
• Pay a reinstatement fee.
• Provide proof of insurance (SR-22 insurance, see below).
• Complete any required alcohol and drug assessment and treatment programs.
• Retake the driving test (in some cases).
• Fees: Reinstatement fees vary and are subject to change. Contact the TDOSHS for the current fee schedule.
• SR-22 Insurance Requirement: SR-22 insurance is a certificate of financial responsibility required by the state after certain traffic violations, including DUI. It demonstrates that you have the minimum required liability insurance coverage.
• Classes/Programs That Must Be Completed: Depending on the severity of your DUI and the court's orders, you may be required to complete alcohol and drug assessment, education, or treatment programs.

Union DMV Offices

Unfortunately, there are no DMV offices located directly within Union, Tennessee due to its low population. The closest driver services centers are:

• Maynardville Driver Services Center:
• Clinton Driver Services Center:

It is highly recommended to call ahead to confirm hours and required documentation before visiting any driver services center.

Special Programs

• Ignition Interlock Device Program: The IID program allows individuals convicted of DUI to drive with a device installed in their vehicle that prevents it from starting if alcohol is detected on their breath. This can be a condition of a restricted license or a requirement after a DUI conviction.
• Occupational License: In some circumstances, 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 is typically granted when driving is essential to your employment.
• Tennessee Alcohol and Drug Education Program (TADEP): This program is often required for DUI offenders and focuses on educating individuals 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 your specific situation and legal options. Act quickly to protect your driving privileges!