31785: Tennessee DUI Attorney

Tennessee DUI Law

Like most states, Tennessee has laws that make driving under the influence a crime. If you are arrested for and later convicted of a driving under the influence offense, you will face serious penalties that include jail time, fines, and the loss of your Tennessee driving privileges. Being convicted of a DUI offense will also give you a criminal record and make it difficult for you to obtain employment with any company that conducts criminal background checks prior to extending an offer of employment to anyone. Because of these serious consequences, it is important that you contact a Tennessee DUI lawyer immediately after you have been arrested for driving under the influence. Having a Tennessee DUI attorney represent you is your best chance for defeating these serious charges or minimizing the penalties imposed against you if you are convicted.

Tennessee DUI Arrests and Prosecution

In Tennessee, it is illegal to operate a vehicle while under the influence of alcohol or a controlled substance. It is even illegal if you operate your vehicle under the influence of a narcotic drug, even if the drug was legally prescribed for you by your physician. You can be arrested for DUI in Tennessee even if you were not actually driving on a public road. If you are sitting in a parking lot or alley, you may be arrested for DUI if you have possession of the keys and are considered to be the operator of the car. Once you are arrested for a DUI, the prosecution will file charges against you based on any prior offenses and the severity of your current offense. In order to convict you of a DUI offense, the prosecutor must prove beyond a reasonable doubt that you had physical control of a motor vehicle and were operating it on a public highway or other public area while under the influence of alcohol or drugs. The prosecutor may introduce evidence of your impairment such as an intoxicated appearance, dangerous driving patterns, and failure of field sobriety tests in order to prove that you are guilty of the DUI offense. You can also be prosecuted based solely on the chemical testing result obtained the day you were arrested. If this chemical test result showed a blood alcohol level of 0.08% or greater, you can be charged with DUI in Tennessee. The prosecutor does not have to show that you were impaired in any way; he or she simply has to prove that your blood alcohol content level was at or above the legal alcohol limit. If you are being prosecuted on the basis of test results, a skilled Tennessee DUI attorney can try to win your case by showing that the test was faulty or that the sample was obtained improperly.

Tennessee DUI Criminal Penalties

If you are convicted of a DUI offense in Tennessee, the penalties imposed can be harsh. They vary with the number of prior offenses on your record as well as any specific circumstances in your case. If you are convicted for a first offense, you will face a minimum of 48 hours in jail up to a maximum of 11 months and 29 days in jail. You will also face a $350 fine, repayment of court costs, driver license suspension for one year, and mandatory enrollment in a DUI education program. If you are not convicted of DUI, but you refused to submit to chemical testing, your license will be revoked for a period of one year. The minimum jail term for someone convicted of a first offense with a blood alcohol level of .20% or higher is 7 days. A second offense within ten years will result in an increase in the penalties that may be imposed.

The penalties for a second offense may include 45 days to 11 months and 29 days in jail, a probationary period of 11 months and 29 days minus any jail time served, fines of $600 to $3,500, assessment fees of $100 per conviction, alcohol rehabilitation, and a license revocation period of two years. The penalties for a third DUI offense within ten years are even more severe. They include jail time of 120 days to 11 months and 29 days, a probationary period of 11 months and 29 days less any jail time served, fines of $1,100 to $10,000, mandatory assessment fees of $100 per conviction, alcohol rehabilitation, and a license revocation period of 3 to 10 years. A fourth DUI offense is considered a felony and the penalties increase accordingly. These penalties include 150 days to 6 years in jail, a probationary period of 1 to 6 years minus any jail time served, fines of $3,000 to $15,000, assessment fees of $100 per conviction, alcohol rehabilitation, and a minimum license revocation period of 5 years.

The penalties for being convicted of a DUI offense in the state of Tennessee are severe. Not only will you face incarceration and payment of hefty fines and assessments, you will also face the loss of your driving privileges, a criminal record, and a tarnished reputation. All of these things make it difficult to obtain or maintain employment, participate in normal daily activities, and meet all of your obligations to family and other loved ones. If you want to avoid these consequences, hire a Tennessee DUI attorney immediately after your arrest for DUI. Working with a skilled Tennessee DUI lawyer is your only chance for avoiding these consequences.

Visit our Tennessee DUI Attorney website and fill out a free case evaluation today.

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Sunday, November 18, 2007

Tennessee DUI Attorney

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