Steps to Take If You Have Your License Suspended
For a first DUI offense in Tennessee, your license will be suspended for one year, with subsequent offenses resulting in lengthier suspension periods. Given that you need to drive to work or drive your kids to school, having your driving privileges suspended may be infeasible.
Thankfully, even if your license has been suspended, certain options may be available to get you back behind the wheel. In many cases, Tennessee law does permit a motorist who has been convicted of a DUI to obtain a restricted license. If you have recently had your driving privileges revoked, our Nashville DUI lawyers are here to assist you through the process of applying for a restricted license.
What is a Restricted License?
Also known as a “hardship” license, a restricted license allows you to drive during your suspension or revocation period. However, you must have a court conviction before you can begin the application process. To acquire a restricted license, you must demonstrate how losing your license creates a serious hardship for you and your family.
Demonstrating proof of hardship requires that you provide documentation showing your lack of transportation to work, school, and medical facilities.
Who Qualifies for a Restricted License?
If you refuse to submit to testing or fail a blood alcohol test, state law will suspend your driver’s license. The first refusal is subject to a mandatory one-year license suspension. These suspension periods are non-negotiable, even if you have no criminal record. Most people are eligible for a restricted license, although there are exceptions. If your DUI resulted in death or serious bodily injury, or if you have been convicted of vehicular homicide or vehicular assault in the past, you will be ineligible.
Process of Reclaiming Your Driving Privileges
Once you are convicted of a DUI, you must request a blood alcohol ignition interlock device (BAIID). The judge will simultaneously sign an Order for a Restricted License (ORDL). Next, you will take the certified original order and a copy to a Driver’s Services Center to obtain your restricted license.
This order is good for 10 days until you get your BAIID. A BAIID is a device that is installed to your vehicle’s ignition system. You will be required to breathe into it to start your vehicle. If any alcohol is detected in your breath sample (registering at 0.02% BAC), your car will not start. The BAIID does include a camera that takes a picture of you to prevent individuals from attempting to bypass the system.
The interlock company will generate proof of installation to Drivers Services, which can take up to 48 hours after installation to be remitted. Once proof of the BAIID installation, SR-22 insurance, and additional documentation is submitted, you will be sent a 90-day restricted interim driver’s license. If you have met all the requirements, then your final restricted license will be issued. Although it may seem like an ideal answer to your troubles, getting a BAIID is expensive. Between the cost of installation, calibration (the device must be recalibrated every 30 days), and leasing, you may end up paying well over $1,000 in the first year.
Bear in mind that you will be required to have the BAIID installed for an additional six months following your revocation if you have two DUI convictions in the past five years. The cost of ongoing service and leasing fees can be nothing short of astronomical. If you are experiencing financial hardship, our legal team can help you find which interlock companies offer financial assistance.
Reach Out to Our Nashville DUI Attorneys Now
If you or a loved one recently had your license suspended following a DUI conviction, our legal team at Andrew C. Beasley, PLLC, is ready to assist you. Our Nashville DUI lawyers have helped hundreds of individuals obtain a restricted license, allowing them to get back on the road. Tennessee Driver Services is extremely strict about receiving appropriate documentation, with any errors resulting in a denial. To learn more about getting a restricted license, feel free to contact our Nashville office online or by phone at (615) 846-9889 today.