R ESTRICTED …. O CCUPATIONAL …. E SSENTIAL N EED … D RIVERS L ICENSES HB 438

J URISDICTION Amends Section TN Criminal Offense In Justice Court Requiring DL Suspension Or Cancellation Any Administrative Suspension Unless Statute Provides Otherwise

H.B. 438 Applies To Petitions Filed On Or After September 1, 2013 Venue: Precinct Of Residence Or Where The Offense Occurred

J URISDICTION The person has not been issued, in the 10 years preceding the date of the filing of the petition More than 1 ODL after a conviction under the laws of this state * * Really !!!

E XCEPTION T O J URISDICTION Request for ODL following ALR revocation and petitioner has already pled guilty to the related DWI.

N OTICE TO S TATE Clerk of the court shall send by certified mail to prosecutor copy of petition & notice of hearing If Person is under 21 at the time of the offense

N OTICE TO S TATE The offense is under Alc Bev Code other than (punishment provision) Involving manufacture, possession, delivery, transportation or use alcoholic beverage

N OTICE TO S TATE Offense under controlled substance act that does not require a suspension BUT: None of above seem to apply to offenses in justice court

N OTICE TO S TATE JP clerk probably doesn’t have to notify State Provision in allows hearing to be ex parte. ***Check With The Training Ctr***

H EARING C HECKLIST Notice To State Jurisdiction – Right Court – Suspension in Effect Eligibility – Holds a driver’s license issued by Texas or another state or country. – The license is not revoked, cancelled, or under suspension. – Timeliness

H EARING C HECKLIST *Evidence From Prosecutor? Driving Record of Petitioner Proof of Financial Responsibility Conditions – Counseling – Testing for alcohol

H EARING C HECKLIST Essential Need – In the performance of; or going to and from occupation or trade – Transportation to and from an educational facility in which person is enrolled. – In the performance of essential household duties.

R EQUIRED C OUNSELING If suspension is for failing or refusing a breath or blood test under Chap 524, or 724 TN Judge shall require Petitioner to attend program approved by the court designed to provide counseling and rehab services to persons for alcohol dependence Condition shall be stated in the license order Court may revoke license for non attendance

H EARING C HECKLIST Ignition Interlock § TN Inapplicable

O RDER R EQUIREMENTS Reasons for operation Counseling Areas or routes Hours of day and days of Week – Max 4 hrs within 24 hr period – Showing of necessity permits up to 12 hrs within 24 hr period.

H EARING C HECKLIST E FFECTIVE D ATE OF O RDER A. L. R. 5 Y R R ULE F ROM D ATE OF A RREST IMMEDIATE IF No prior suspension based on alcohol or drug- related enforcement contact

H EARING C HECKLIST E FFECTIVE D ATE OF O RDER A. L. R. 5 Y R R ULE F ROM D ATE OF A RREST 91 st DAY AFTER SUSPENSION IF 1 prior suspension based on alcohol or drug- related enforcement contact

H EARING C HECKLIST E FFECTIVE D ATE OF O RDER A. L. R. 5 Y R R ULE F ROM D ATE OF A RREST 181 st DAY AFTER SUSPENSION IF 1 prior suspension based on conviction for DWI, IA, or IM

H EARING C HECKLIST E FFECTIVE D ATE OF O RDER A.L.R. 5 Y R R ULE F ROM D ATE OF A RREST 1 YEAR AFTER SUSPENSION IF 1 prior suspension resulting from a 2 nd or subsequent conviction for DWI, IA, or IM

C OMMERCIAL L ICENSE P ROVISIONS If a person’s CDL is disqualified for a DWI committed in a non-CMV, the person is eligible to receive an ODL to operate a non-CMV. 37 TAC §16.97

S URRENDER OF D.L. On final conviction, the court has discretion to require surrender of the D.L. If the Court takes the D.L. it must send the license and record of conviction to D.P.S. within 10 days of surrender. § (a) TN If permitted to keep the D.L. it may be used for identification purposes only. 37 TAC §15.88(d)

“Conviction” means “Final Conviction” A conviction is a final conviction regardless of whether any portion of the sentence for the conviction was suspended or probated. § (c) TN All DWI convictions are “final convictions. Deferred Adjudication is not applicable to DWI, But…Pretrial Intervention is. § GV