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:
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.
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.
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.
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.
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.
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.
Circumstances or physical impairments that deem individuals not to be good candidates for these tests.
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.
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
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
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
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
Click the Number Below to Call for a Free Consultation Today
The Bell Law Firm
P.O. Box 843, Knoxville, TN 37901
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