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DUI/DWI Information
Each year, over 500,000
people are charged with the crime of DUI. Most people will know someone who
will be “pulled over” and accused of Driving Under the Influence. This
experience will be traumatic for many people. If you have experienced this, read the following or call one of our experienced DUI attorneys to
assist in defending your criminal charges.
Although a DUI is
considered a misdemeanor in Tennessee, (unless it’s your fourth or greater
offense), the potential range of punishments can be extremely severe and will
often limit one’s personal freedoms if convicted of Driving Under the Influence.
In order to be found guilty
of a DUI ((T.C.A. §
55-10-401) and (T.C.A. § 55-10-403), the state must prove beyond a
reasonable doubt that an individual was:
1) In physical control of
any automobile or motor driven vehicle
2) Operated on any public
roads or any premises frequented by the public
3) That the person was
Under the Influence of alcohol or drugs; or the alcohol concentration in the
person’s blood or breath is (.08) or more.
What Happens To
First Time Offenders in Tennessee?
Click
here to view DUI sentencing chart
If convicted of a DUI, a
person could receive a sentence of up to 11 months and 29 days in jail, with a
required minimum of 48 hours in jail.
(T.C.A. § 55-10-401) and (T.C.A.
§ 55-10-403)
Fines / Fees/ Expenses
Minimum $350. Maximum of $1,500. The state
estimates that a first offense DUI (Driving Under the Influence) charge could
add up to about $5,000 in fines and related expenses
in addition to attorney’s fees.
License Revocation
License revocation for 1 year.
Education
Court ordered participation in alcohol and
drug safety DUI school or drug offender school program if available.
Restitution
Payment of restitution if physical injury or
personal loss were involved and you are economically capable of making such
restitution.
Community Service
200 hours, if the population of your
metropolitan area is over 100,000 (may serve in lieu of 48 hours minimum
imprisonment).
Assessment / Treatment
Depth of treatment is determined by
assessment. Participation in an alcohol safety DWI program is required as part
of probation.
Aggravated Drunk Driver
If your BAC was .20% or greater, you are
considered a "most aggravated drunk driver", subject to a minimum jail time of
seven (7) consecutive calendar days.
Restricted License
You can obtain a restricted license if no
prior DUI and no other revocations or suspensions are against your
driving record. You will have to:
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Obtain an order from the judge.
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Pay a $67.00 driver license fee.
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File SR-22 insurance (required for up to 5 years in most cases).
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Show proof of liability insurance in effect on date of violation.
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Take complete driver license examination (eye, law, and road).
Violation of Implied Consent
If you refuse a breath, blood, or urine test,
your license will be revoked for 12 months, or 24 months if a crash resulted in
bodily harm, or 5 years if a crash resulted in death.
Under 21
You are DUI if you had any alcohol at all in
your system. Penalties listed for underage drivers with a BAC greater than 0.02%
are loss of license for a year, a $250 fine and public service.
What should I do if I am
arrested for DUI?
1. Politely provide
driver’s license, vehicle registration and insurance card.
2. If you have been
stopped for a traffic violation, allow officer to issue citation.
3. Do not consent to
any search of your vehicle, person or other property without an attorney
present.
4. Once citation is
issued, if officer does not immediately allow you to leave, ask if you are free
to go.
5. If the answer is,
“No,” then you should assume that you are under arrest, and ask to speak to your
attorney.
6. Do not answer any
questions or voluntarily submit to any field sobriety tests.
Most importantly, the need
to obtain an experienced DUI attorney is often vital to preserving possible
legal defenses to your charges. Although the general information above may
prove helpful, each DUI charge is different. The sooner a DUI attorney is
retained, the more likely an attorney will be able to minimize or defeat the
charges of DUI or the Violation of Implied Consent.
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