A person facing a DUI charge in Tennessee may ask, “if convicted will I be able to have a restricted driver’s license?”
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The answer is generally yes, although there are exceptions and certain conditions.
A person whose privilege to drive has been revoked because of a DUI conviction or a violation of the state’s implied consent law may apply for a restricted license, unless he or she has a prior conviction for DUI, vehicular homicide resulting from intoxication, aggravated vehicular homicide, or vehicular assault.
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Additionally the defendant cannot apply for a restricted license if they seriously injured or killed a person in the course of conduct arising out of the DUI conviction.
With a restricted license, the only times and places you can drive are
- going to and from work,
- your probation office or probation-related meetings, alcohol safety class
- college if you are a full-time student
- interlock monitoring appointments
- court-ordered outpatient alcohol and drug treatment, and
- your regular place of worship for regularly scheduled services by recognized religious institutions.
If convicted, and if eligible, you can get a restricted license by taking a court order which authorizes your restricted license, along with an SR22 liability insurance form, to your driver’s license testing center. You must complete the test and pay a fee.
To get the court order, your Memphis DUI lawyer can help you with that. You can get the order either from the court where you were convicted or the court in your county of residence.
As an alternative to the driving restrictions (driving only during certain times and for certain purposes) you may be able to substitute these for installation of an ignition interlock device. The interlock is a device that’s installed on your vehicle that you must blow into in order for the car to start. If the device detects alcohol at .02% or greater, the vehicle will not start. Substituting an interlock device for geographic restrictions means that you will not have any restrictions on when and where you can drive, but you must keep the device installed while your license is restricted. You must also pay an initial installation and monthly maintenance fee. Restricted licenses are a significant consequence of a Tennessee DUI conviction.
For help with your case, contact Memphis DUI lawyer Patrick Stegall. He can be reached at (901) 205-9894 or pstegall@stegall-law.com.
