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have you been charged with a dui or dwi in tennessee?

What is a DUI (DWI)?

In Tennessee, it is unlawful to “drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, apartment house complex, or any other premises that is generally frequented by the public at large, while:

  1. Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; OR
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; OR
  3. With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined by statute.


Note: The language of the statute allows for a person to be charged with DUI if they are found asleep in a parked car even though they are not actually driving the vehicle. Also, prescription drugs may affect one’s ability to operate a vehicle and provide a basis to be charged with DUI.


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DRIVING UNDER THE INFLUENCE (DUI)

One of the largest misconceptions is that it is illegal to drink & drive. 

IT IS NOT ILLEGAL TO DRINK & DRIVE! 


It is illegal to drink over the limit and drive.

What you need to know about dui charges

Alcohol

Implied Consent

Alcohol

An important aspect in many DUI cases is whether an individual’s body was in the “absorption phase” or “elimination phase” as pertaining to the blood alcohol content level at the time the vehicle was operated or the time any chemical test was administered. 

Drugs

Implied Consent

Alcohol

Certain controlled substances have actually been scientifically shown to enhance one’s ability to operate a vehicle when administered in therapeutic doses. 


If you’ve been charged or suspected to have operated a motor vehicle under the influence of a controlled substance, contact The Bell Law Firm to discuss your case.

Implied Consent

Implied Consent

Field Sobriety Tests

Chemical Tests:

- Blood

- Breath

- Urine


If the operator of a vehicle consents to a blood draw, there are certain requirements mandated by statute that must be completed. If these requirements are not completed, then the evidence may be inadmissible.

Field Sobriety Tests

Non-Standardized Tests

Field Sobriety Tests

Standardized Field Sobriety Tests (SFSTs)


» For these SFSTs to be validated, the Tests should be administered in the prescribed standardized manner, the standardized clues are used to assess the driver’s performance, and the standardized criteria are used to interpret the driver’s performance.


» Note: If any one of the standardized field sobriety test elements is changed, the validity of the test is compromised.

Non-Standardized Tests

Non-Standardized Tests

Non-Standardized Tests

  • The Finger to Nose Test
  • The Finger Count Test
  • The Hand Pat or Palm Pat Test
  • The Alphabet Test
  • Reverse Counting
  • The Romberg Test

Physical Impairments

Non-Standardized Tests

Non-Standardized Tests

Circumstances or physical impairments that deem individuals not to be good candidates for these tests.

  • Back Problems or Injury
  • Leg Problems or Injury
  • Inner Ear Problems (e.g., Vertigo)
  • Elderly Individuals
  • Overweight Individuals
  • Eye Injuries, or 
  • Visual Limitations

DUI Punishments:

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DUI (1st Offense)

The sentence is 11 months and 29 days (Probationary Period)


» Punishable by up to 11 months and 29 days in custody with a mandatory minimum of 48 hours in jail.


» If your blood alcohol content (BAC) is above .20%, punishment may

be enhanced to a mandatory minimum of 7 days in jail.


» If convicted, your driver’s license will be revoked for a period of one

year; however, in certain circumstances, it may be possible to obtain a

restricted license.


» There is a mandatory minimum fine of $350 up to $1,500.


» In addition, a mandatory alcohol and drug addiction fee of $100.


» Mandatory DUI School or Victim Impact Panel


» Highway litter pickup may be ordered by the Court


» Ignition Interlock Device (IID) is mandatory unless the Court finds

that an ID is not required. An IID is required for 365 consecutive days OR for the entire period of license revocation, whichever is longer.

DUI (2nd Offense)

Probationary Period is 11 months and 29 days including the time spent in

jail.


» Mandatory minimum jail sentence is 45 days up to 11 months and

29 days


» Minimum fine of $600 up to $3,500


» Mandatory $100 alcohol and drug addiction fee


» License revoked for 2 years


» May be eligible for restricted license with Ignition Interlock Device (IID)


» DUI school required to regain license and mandatory requirement

to attend alcohol rehabilitation program


» May be subject to vehicle forfeiture

DUI (3rd Offense)

Probationary Period is 11 months and 29 days including the time spent in

jail.


» Mandatory minimum jail sentence is 120 days up to 11 months and 29 days


» Minimum fine of $1,100 up to $10,000


» Mandatory $100 alcohol and drug addiction fee


» License revoked for 6 years


» May be eligible for restricted license with Ignition Interlock Device (IID)


» DUI school required to regain license and mandatory requirement

to attend alcohol rehabilitation program


» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement


» May be subject to vehicle forfeiture

DUI (4th or 5th Offense)

Conviction of a 4th or 5th DUI offense is a Class-E Felony


Probationary Period is 1-6 years including the time spent in jail


» Mandatory minimum jail sentence is 120 days up to 6 years


» Minimum fine of $3,000 up to $15,000


» Mandatory $100 alcohol and drug addiction fee


» License revoked for 8 years


» May be eligible for restricted license with Ignition Interlock Device (IID)


» DUI school required to regain license and mandatory requirement

to attend alcohol rehabilitation program


» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement


» May be subject to vehicle forfeiture

DUI (6th or Greater Offense)

Conviction of a 6th or greater DUI offense is a Class-C Felony


Probationary Period is 3-15 years


» Mandatory minimum jail sentence is 150 days (served at 100%) up to 15 years in prison


» Minimum fine of $3,000 up to $15,000


» Mandatory $100 alcohol and drug addiction fee


» License revoked for 8 years


» May be eligible for restricted license with Ignition Interlock Device (IID)


» DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program


» If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement


» May be subject to vehicle forfeiture

Other DUI Charges

  • DUI by Consent
  • Underage DUI

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