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In order to convict a person of DUI, the State must prove beyond
a reasonable doubt that the person was (1) operating or in
physical control of (2) a motor vehicle on (3) any public
road, highway, alley, parking lot, or any other premises
generally frequented by the public while (4) under the
influence of alcohol or drugs, or with a blood alcohol content
of .08% or higher.
Thus, a person is legally considered to be under the
influence "per se" if their blood alcohol level meets or
exceeds the legal limits referred to above. This
holds true even if the other evidence does not indicate
the person's ability to drive is actually
impaired. A person can also be convicted of DUI
for operating a vehicle while under the influence of a
narcotic, even if it was prescribed by a
physician.
THE CONSEQUENCES:
Upon conviction
for First Offense DUI, a person is subject to the following
penalties:
A sentence of 11 months, 29 days, with a minimum of 24
hours in jail (if 21 years of age or older), 48 hours in jail
(if under 21 years of age), or a minimum of 7 days in jail if,
at the time of the offense, the defendant's blood alcohol
level was .20% or higher;
24 hours of highway litter removal;
A minimum $350.00 fine and court costs;
Loss of driver's license for a period of one year; and
Enrollment in a court approved DUI education course.
License revocation for one year is also required when a
defendant is found to have refused to submit to a chemical
(blood, breath, or urine) test after being lawfully
requested to do so. This may apply even where the
defendant is not convicted of DUI.
Penalties for
a second or subsequent conviction of DUI increase
dramatically.
On a second or subsequent offense, the vehicle
used in the offense is subject to forfeiture. A fourth or
subsequent conviction of DUI is classified as a Felony.
IMPLIED CONSENT VIOLATION: Persons charged
with a DUI/DWI may also be charged with an Implied Consent
Violation if they refuse to submit to a blood, breath, or
urine test to determine the person's blood alcohol content.
The Tennessee Implied Consent Statute (Tennessee Code
Annotated § 55-10-406) deems 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. Such test may be requested if a
law enforcement officer has reasonable grounds to believe that
the person is driving under the influence. A motorist does
have a right to refuse to submit to a chemical test in most
cases; however, such refusal normally results in the
suspension of the person's driver's license. It is important
to note that even if a person wins the DUI case, he or she may
still lose the Implied Consent case, resulting in loss of
license and, in some instances, mandatory jail
time.
COLLATERAL CONSEQUENCES: In
addition to penalties imposed by the Court as a result of a
DUI/DWI conviction, a person may also be faced with serious
additional consequences. A DUI conviction may prevent a person
from renting a vehicle from a commercial agency, depending on
the policies of the rental company. Insurance premiums of a
person convicted of DUI will likely be increased and the
policy may even be cancelled. Additionally, a DUI conviction
could negatively affect the status of a person's professional
license (i.e. Doctor, Lawyer, Nurse, Stock Broker, or Airline
Pilot) and could affect one's ability to obtain employment in
the future. Finally, a DUI conviction could also affect one's
ability to travel out of the United States. For instance,
Canada has strict laws regarding the admission of individuals
who have been convicted of DUI. There may be additional
consequences to the person charged with DUI/DWI which are
dependant upon the facts of the case and the individual's
circumstances. Therefore, it is important to consult an
experienced and knowledgeable DUI defense lawyer as soon as
possible after arrest.
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