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Tennessee DUI Defense Information
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 Tennessee DUI attorney Steve 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 mandatory penalties:
A sentence of 11 months, 29 days, with a minimum of 48 hours in jail, 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; AND
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 or Victim Impact Panel (often sponsored by Mother’s Against Drunk Driving).
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.