License Suspension for DUI
If you are stopped for driving under the influence (DUI) in Tennessee, you could lose your license even if you are not convicted of any crime. You can, however, fight against a drivers license suspension with the guidance of a Nashville DUI lawyer. Attorney Bernie McEvoy represents drivers in administrative and criminal DUI proceedings throughout Davidson and Williamson Counties. He can assist you in defending against a license suspension, requesting a restricted license, or reinstating your driving privileges.License Suspension for DUI in Tennessee
In Tennessee, getting pulled over for drunk driving may lead to a suspended drivers license. In a DUI case, your drivers license may be suspended in two ways. Initially, your license may be subject to an administrative process through the Tennessee Department of Safety. An administrative license suspension is a civil penalty that may be mandated for a drug or alcohol-related driving offense or a DUI refusal. Secondly, and separately from the administrative proceedings, a license suspension period may be imposed by the court as a criminal penalty for a DUI charge.Administrative License Suspension
An administrative license suspension for DUI may arise in a few situations. If you are charged with a criminal DUI offense, the Tennessee Department of Safety will also seek to revoke your drivers license. The Department of Safety may also issue an administrative suspension if you violate the implied consent law. Under the implied consent law, drivers in Tennessee have implicitly agreed, by accepting the privilege of driving, to provide a blood or breath sample for alcohol testing if requested by law enforcement officers in certain circumstances. Refusing to submit to breath or blood testing when legally required may trigger a drivers license suspension for one year, effective immediately. For individuals who have been previously convicted of one or more drunk driving offenses, the revocation period for a DUI refusal may be two years or longer.License Suspension for DUI as a Criminal Penalty
If you are convicted of a drug or alcohol-related driving offense, you may be subject to criminal penalties, including license revocation. For a first-time DUI, the revocation period is one year. A second DUI conviction carries a two-year license revocation period. If you are convicted of a third DUI, you may have your drivers license revoked for up to six years. Fourth and subsequent offenders may have their license revoked for a period of eight years. DUI accidents and DUI cases involving aggravating circumstances may result in longer revocation periods. To have your license reinstated after a DUI revocation, you must re-apply with the Tennessee Department of Safety and pay the necessary fees.Defending Against a Potential License Suspension
Fighting a DUI license suspension often entails defending against the underlying DUI offense. In most situations, dismissal of a DUI charge will relieve you from the drivers license revocation. For DUI refusals, however, you may need to request a hearing to contest an administrative license revocation for an implied consent violation. Possible defenses to a DUI refusal may be lack of probable cause for the police stop, failure to provide the required warning of a refusal, or others, depending on the circumstances.
If your Tennessee drivers license has been suspended for DUI, you may be eligible for a restricted license. A restricted license allows you to drive for specific and limited purposes, such as school, work, or a drug treatment program, while your license is suspended. It may be granted by the court if you can establish that you meet the requirements, including compliance with the ignition interlock program and other conditions. A skilled DUI attorney can determine whether you may qualify for a restricted license and assist you in the application process.Contact a DUI Lawyer in Nashville to Fight a License Suspension
Nashville attorney Bernie McEvoy has the experience and skill to represent you after a DUI arrest. He serves residents throughout Davidson and Williamson Counties, including in Franklin and Nashville. Schedule an appointment to discuss your DUI or drug charge by calling our daytime phone at (615) 255-9595 or (615) 804-8779 on evenings and weekends, or by contacting the Law Office of Bernie McEvoy online.