Will I Face Jail Time for Shoplifting in Tennessee?
After being convicted of driving under the influence, you will likely face a variety of penalties including fines, jail time, and license suspension. Driving is crucial for many in everyday life. Whether you need to commute to work, drive to meet friends, pick up your kids, or do any other task, having a valid license may be vital to the functioning of your day-to-day life. Most people who have their driving privileges revoked are eager to get their license back, but unfortunately, there is no way to reinstate your license early after a DUI suspension. For representation during your case and skilled legal counsel, reach out to a Memphis DUI defense lawyer at Ballin, Ballin & Fishman, PC today.
Tennessee law does not permit the early reinstatement of a license following a DUI-related suspension or revocation. As such, you are required to serve the full mandatory suspension period before you are eligible to seek full reinstatement.
However, it is possible for some eligible individuals to receive a restricted license during this period that allows them to drive during the suspension period for approved reasons, depending on the reason for the suspension period.
How long your suspension will last depends entirely on the details of your case and the severity of your offense. Suspension periods are mandatory in accordance with Tennessee Code § 55-10-402. Some convictions will allow you to maintain a restricted license under certain circumstances. You may be allowed to drive for work, medical treatments, child care, or between certain hours.
The more serious the offense, the longer your license will be suspended and the less likely you are to be granted a restricted driver’s license.
While early reinstatement is not allowed, some drivers in Tennessee may be eligible for a restricted driver’s license, also referred to as a conditional or hardship license. This allows limited driving only for essential purposes during the suspension period.
It’s necessary to understand that a restricted license does not shorten your suspension period. Instead, it provides limited exceptions that allow those charged with a DUI to continue driving when necessary.
Not everyone who is convicted of a DUI in Tennessee is eligible for restricted driving privilege, as eligibility is dependent on statutory limitations and judicial discretion.
Carefully following the requirements to have your license reinstated is crucial in ensuring you can get back on the road as soon as possible. Reinstatement is an administrative process handled through the Tennessee Department of Safety and Homeland Security, which is separate from the criminal case against you. It’s important to note that your license is not automatically reinstated following the end of your suspension period, as you must complete a number of mandatory requirements.
If your DUI occurs in Memphis or anywhere in Shelby County, your case will proceed through the local court system before you are eligible for an administrative reinstatement. This is because the local courts control eligibility for restricted licenses, installation of ignition interlock devices, and compliance with requirements.
Ignition interlock devices are mandatory in most conditional license DUI-related cases in Tennessee, and may be required even after you meet the license reinstatement requirements.
If you are facing a DUI in Memphis or the surrounding areas, working with an experienced attorney with Ballin, Ballin and Fishman, P.C. is in your best interest. While early reinstatement may not be possible as per Tennessee law, an attorney can assist you in fighting for a restricted license and ensuring compliance with reinstatement requirements to avoid unnecessary delays. Contact us today to learn how we can represent you.
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