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What Happens If You Are Undocumented and Get a DUI in Nashville?

Driving under the influence or a DUI in Nashville is a felony that consists of being under the effect of alcohol or drugs while you are driving, operating, or controlling a vehicle. These drugs also include recreational drugs and ones prescribed by physicians, which renders the driver to a level that they become incapable of operating a motor vehicle carefully.

As stated in the laws of the United States, it is against the law to drive a motor vehicle when a driver is incapable of doing so and is materially impaired due to consuming alcohol or other drugs, including medications.

For DUI in Nashville charges when it comes to alcohol consumption, 0.08 is the level of blood alcohol intake at which impairment is presumed. However, it is also possible to be convicted of impaired driving even with a lower blood alcohol proportion.

Did You Know?

The following are important things to know about driving in Nashville.

  • Nashville also has HOV (high-occupancy vehicle) lanes on its major highways and interstates. Even during rush hours, most of these lanes don’t have a tendency for congestion. This allows cars with two or more occupants to drive at a faster speed in a safe manner.
  • In passenger vehicles, drivers are allowed to use radar detectors. However, the use of these devices is prohibited in commercial vehicles.
  • The number of bike lanes and drivers in Nashville is proliferating, and the drivers are required to keep their cars out of these lanes.
  • Anyone operating a motor vehicle while under the influence can be subject to a fine of between $350-1500, and it is also a must for them to serve a minimum of 48 hours in jail. This rule applies to even first-time offenders.

Now let us get a quick look at some of the laws and consequences if you are undocumented and get a DUI.

Getting a DUI in Nashville:

Drinking/driving or driving under the influence (DUI) is illegal in Nashville, Tennessee. The DUI laws here have several components. These include blood alcohol concentration (BAC), criminal sentences with jail time and fines, limits for adults and minors, driver’s license revocations, and implied consent to alcohol testing for all drivers.

  • BAC Limits:

As mentioned above, Tennessee has a limit set for blood alcohol level at which the state presumes if the driver is drunk or not. This is called Blood Alcohol Consumption (BAC) and is set at 0.08 in the state. If the driver has an enormously high BAC in Tennessee that is 0.20 or above, it can result in enhanced and severe penalties.

If you are a child or adult under the drinking age of 21 years old, then know that there is a “zero-tolerance” policy in Tennessee. If a driver under 21 of age is pulled over for having a BAC of 0.02 while driving, even if they are not drunk at the moment, they can be found guilty of having committed a DUI in Nashville. The youth aged between 16-20, if found guilty of impaired driving, their license will be canceled for one year, and they will receive a $250 fine. The court can also impose community service on the youth.

Non-Citizen Convicted of a DUI in Nashville:

Every non-citizen convicted of a DUI is not deported from the state. Based on the US Immigration laws, to deport a person, there must be a “crime involving moral turpitude” (CIMT), which would set the grounds for inadmissibility to the United States. A DUI will only fall under a CIMT if the crime includes an aggravating factor involving the individual’s intent for breaking the law.

The driver’s first offense in a Tennessee DUI; if it has not caused injuries and does not fall under the definition of CMIT and there is no aggravating factor present, it can save them from being deported.

For instance, if you have been out celebrating and were not aware of your level of impairment when you make the quick drive home, you may face serious consequences. However, there is no need to worry about being deported and getting separated from your family.

Contact Nash Law for Help:

Whether you are living in Tennessee as an undocumented immigrant or even if you have legal status, your best defense against the deportation process is having a clean record if you are arrested for DUI.

It is imperative to know about the rules, your rights, and responsibilities if you are a non-citizen, found guilty of drunk driving, and got arrested for a DUI in Nashville. At this point, make sure to call and consult an experienced DUI attorney who is well-versed in Immigration laws. Feel free to visit our agency and learn about your rights.

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