Restricted Licenses and the Implied Consent LawAuthor: Fidelis Law PLLC Jan 30, 2015
Restricted Licenses and the Implied Consent LawIn Tennessee if a person is stopped by law enforcement on suspicion of DUI, they are generally requested by the officer to submit to various field sobriety tests and/or a portable breathalyzer test at the scene of the traffic stop. If the driver refuses to submit to a breathalyzer, they can be charged with a violation of the implied consent law. If the driver refuses consent to an intoxilyzer, they will be charged with a violation of the implied consent law. If convicted in Tennessee, such a violation carries with it the automatic revocation of your driver’s license for a period of one year from the conviction date.
Tennessee law provides that an individual convicted of a violation of the implied consent law can apply for a restricted license. A restricted license curtails the times and places you may drive. In order to obtain a restricted license, you must file an application with the court in which you were convicted. In this application, you must list the address of your place of employment, the place of the school where you are enrolled as a full time student, if applicable, and the times and locations of any court ordered alcohol DUI program. If the court grants the application for a restricted license, you will be allowed to drive during specified hours to and from the above referenced locations only.
The next step to receiving a restricted license is to take the signed, certified order from the court granting your application for a restricted license to the local DMV station. Along with the order, you are also required to pay a $67.00 fee, pass a driver’s exam, and provide a completed SR-22 insurance policy form. An SR-22 insurance policy form is basically your insurance carrier stating that they will inform the Department of Safety if there is any lapse in coverage, even if for only one day. If there is a lapse in your insurance coverage while on a restricted license, that license will be revoked and you will have to start the process over from the beginning.
These are the basic requirements for receiving a restricted driver’s license in Tennessee after being convicted of a violation of the implied consent law. A conviction for a violation of the implied consent law will greatly curtail your ability to drive, but if you know the process of applying for and receiving a restricted license you will still be able to drive to work and/or school after the conviction.
At Fidelis Law we are committed to assisting our clients in matters such as these. While these are complicated issues, with the competent assistance of our attorneys, you will face this matter head on with an advocate representing your best interests.