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THE CRIME:
Driving Under the Influence is one of the few crimes for which an individual can be convicted solely on the opinion of
a police officer. While most DUI offenses are classified as misdemeanors, the penalties for this crime are typically much
more serious. While the correct abbreviation for Driving Under the Influence is
DUI, many people refer to this crime as DWI (Driving While Impaired). In Tennessee, when the person arrested is 21 years
of age or older, these terms have been interchangeable with
each other since July 1, 2003. If the person arrested is under 21 years of age, both the crime and consequences are very different from those of DUI. Therefore, if a person is
arrested for Underage Driving While Impaired, it is
particularly important to consult with Mr. Oberman as soon as
possible.
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.
Additionally, a person could be charged with an Implied
Consent Violation if he or she refuses to submit to a chemical
test to determine the alcohol or drug content of the person's
blood. For
additional information regarding Tennessee's Implied Consent
Violation, please click here.
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.
In addition to the penalties imposed by the court, a person
convicted of DUI will likely face additional consequences. For further
information regarding the collateral consequences of a DUI
conviction, please click here.
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