DRIVING UNDER THE INFLUENCE (DUI) IN TENNESSEE
Driving Under the Influence (DUI) in Tennessee (Tennessee Code Annotated § 55-10-401) is a crime that can happen to anyone, including you if you have a drink and have possession of a motor vehicle. Possibly even if you’re operating a scooter.
Under Tennessee Law, a DUI carries punishments of jail, loss of license (some of you might eligible for restricted license), fines, court cots, probation fees and community service.
Those of you who find yourselves charged with subsequent DUIs the penalties are even harsher. The punishments get more severe for each subsequent DUI.
Often the restricted license requires you to have an ignition interlock device installed on your vehicle if you blew over .15, had a child in the vehicle, were involved in a wreck, or have multiple DUI convictions.
In addition to the penalties above you might lose your job if you are convicted of a DUI. Those charged with a second DUI you might go to jail for 45 days and most of you will lose your job if you go to jail for 45 days.
TO BE CONVICTED OF DUI THE STATE HAS TO PROVE 4 THINGS:
You were driving or were in physical control of an automobile or motor driven vehicle; and
You were doing so on a public road, highway, public street, shopping center, trailer park, apartment complex, or any premises frequented by the public at large; and
Your were under the influence of an intoxicant, narcotic, or drug stimulating the central nervous system; or
Your blood or breath alcohol concentration was eight-hundredths of one percent (.08%) or more.
KNOW AND EXERCISE YOUR RIGHTS
It’s best not to drink anything and drive. If you have a drink or more remember you don’t have to incriminate yourself.
Anything you say CAN and WILL be used against you.
You can refuse Field Sobriety Testing. You can avoid these by refusing. It is less evidence for them to prosecute you.
These tests are difficult sober and are often recorded. They are unreliable, and often the only proof of impairment other than what almost all DUI cases say: you have an odor of alcohol and bloodshot watery eyes.
IMPLIED CONSENT LAW
We just discussed refusing Field Sobriety Testing. You may also refuse to submit to chemical tests that are used to determine the drug or alcohol content of your body.
If you refuse these tests then Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) applies and says that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of the person's blood.
The statute continues: An officer has the right to request such a test if said officer has reasonable grounds to believe that the person is driving under the influence. A motorist has the right to refuse to submit to a chemical test in most cases; however, such refusal typically results in the revocation of the person's driver's license. For first time offenders, that is one (1) year; for second time offenders it is 2 years; and for multiple offenders can be even longer. It is important to note that even if you are successful in winning the DUI case at trial or settle the case, a person may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time.
HIRE ATTORNEYS THAT CAN NEGOTIATE AND FIGHT FOR YOUR FREEDOM
Call for your free phone consultation where we will explain the next steps, what happens in court, your options and pricing.
From the first call to the end of your case we will zealously represent you. We have helped hundreds if not thousands in the exact same situation as you. Let us guide you through this stressful time.
Attorney Brian Lee Nash and his team at Nash Law PLLC are passionate about helping you with your alcohol related driving offenses, including Driving Under the Influence (DUI). Call (615) Nash-Law (615-627-4529) Now!