Nashville DUI Penalties
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Many times I am asked what are the effects of a DUI, is it all that bad? It depends on what your definition of bad really is, there are several consequences of a DUI, and there is the inability to have it removed from your record.
The issue most people ask is, how much jail time? In Tennessee it is a mandatory 48 hours for a first offense DUI, and 45 days mandatory for second offense DUI. You will receive credit for the time you serve before you make bond, ie how many hours you sat in jail before you were free to leave.
Do I lose my license? Yes, you will lose your license for one year upon your conviction for a DUI in Tennessee. However, you are generally eligable for a restricted license, this license comes with many restrictions, and they all must be followed, or you will be in violation of your agreement with the State of Tennessee regarding your license.
Litter pick up on the highways, is that really a punishment they enforce? Yes and no, some jurisdictions do not have the funds to impliment this program, so sometimes it is possible to agree with the State of Tennessee that this is not going to be required of you, if you are convicted of a DUI. The program of litter pick up requires you to work 24 hours, over the course of 3 days picking up litter on the highway wearing a DUI vest.
Alcohol safety school, is there such a thing? Yes, alcohol safety school is required of all persons convicted of a DUI in Tennessee, there are schools in Nashville, Knoxville, Memphis, Chattanooga, and many schools in all the smaller jurisdictions. You must attend and complete this school under a first offense DUI.
The fines and court costs, how much? Generally you are looking at fines and court costs in excess of $1,300.00 dollars, and you will be required to obtain SR22 insurance discussed below. Some jurisdictions will allow you to apply for your restricted license before all of your court costs are paid.
These are a few of the penalties and problems that go along with a Nashville DUI, should you wish to have your case reviewed please give me a call at (615) 308-2633. I would be pleased to speak with you.
Daniel L. McMurtry, Esq.
Breath Test
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I have the question asked of me on a regular basis, should I take the breath test, and if I take it and pass will they automatically let me go?
The breath test in Tennessee and you taking it is derived from the courts determining that driving is a privilege and not a right, as such because it is a privilege the state may attach certain requirements to it. One such attachment is the right to have you take a breath test or blood test to determine whether you are under the influence. Should a person driving in Tennessee refuse the breath test they are subject to revocation of their license, more legally referred to as implied consent violation. By driving in Tennessee you give implied consent that you will take the breath test or blood test should the officer believe you to be under the influence. The results of the breath test and blood test can be used against you under a dui charge of Per Se, meaning per se you are under the influence by simply looking at the alcohol content numbers on the read out from either test. If you do not take the either test you can be charged with implied consent violation and lose your license for a year, but there will not be any tests to show you are per se under the influence.
Will they let me go if I pass the breath test or blood test automatically? The simple answer is no. Just because you pass both of these tests or one of these tests does not mean you will be let go automatically. In Tennessee there is another DUI charge, it is simply DUI, the officer believes with probable cause that you are under the influence, based on his observations of you, so maybe you are under the .08% and you will not be charged with a Per Se DUI, but you can still be charged with a regular DUI, and face minimum 48 hours in jail, 24 hour litter pickup, fines, court costs, loss of licence and a permanent record.
Should you have any further questions about your DUI, please feel free to phone me at the office (615) 308-2633, I would be pleased to speak with you.
Daniel L. McMurtry, Esq.
DUI Loss of License
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At what point in Tennessee do you lose your license after you have been charged with a DUI? It is a very good question and one that has a few different answers, and it all depends on what jurisdiction (county), you are in when you are charged with a DUI.
Currently in Tennessee your license is not automatically suspended when you are charged with a DUI, you retain your license, However, should the Department of Safety suspend your license while a DUI is pending, the trial court may issue a restricted license to you. There are many restrictions placed on your ability to drive under the restricted license. This aforementioned only applies if the Department of Safety has suspended your license, and it is not automatic that your license is suspended, just because you have been charged with a DUI.
So what you may ask is the current state of affairs in regards to DUI license revocation? In some counties you will retain your license after your plea of guilty and turn it into the DMV local office when you apply for your restricted license, in some counties you will immediately turn your license over to the clerk of the court when you plead guilty or are found guilty by a jury or judge at a trial.
DUI license revocation all depends on the county you are in at the time of your arrest. If you have any questions please feel free to phone our office Monday through Saturday at (615) 308-2633. We would be pleased to speak with you.
Daniel L. McMurtry, Esq.
DUI Arrest
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What really happens after you have been arrested for DUI in Nashville or the surrounding areas of Middle Tennessee. After you have been arrested you will be taken to your local jail for processing and or booking, it is at this point that you will be finger printed and your mug shot will be taken. You will stay in jail and generally be released in 6 to 8 hours.
When you are released from jail you will be given a court date to appear in General Sessions Court. General Sessions Court is the court in which you may be able to work out a plea deal, or have a preliminary hearing should you not accept a plea deal that might be offered to you. General Sessions Court cannot take pleas on felonies, but they can take pleas on misdemeanors. At a preliminary hearing you have the right to cross examine witnesses who testify against you, and call your own witnesses. See the evidence that makes up the probable cause that was used to arrest you. Generally most cases at preliminary hearing are bound over to the Davidson County Grand Jury after the hearing. Even if your case is dismissed at preliminary hearing it can still be presented to the Grand Jury for your indictment on a DUI.
The Grand Jury is composed of citizens from the jurisdiction that you were charged in, generally they indict most cases that they hear, this is called coming back with a true bill. Once a true bill is brought back on your case, your next court date will be for arraignment in Criminal Court.
Criminal Court is where you can have a jury of twelve people decide your case. You may or may not testify, and you may or may not call witnesses, but you do have the right to cross examine any witnesses against you. Each case and trial is different, so what happens in someone else’s trial may not occur in yours.
Should you need assistance in your dui charge, please feel free to phone the office at (615) 308-2633. We look forward to hearing from you.
Daniel L. McMurtry, Esq.
Prior DUI Conviction Out of State
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In Tennessee a prior DUI conviction that you received out of state may be used against you to enhance your punishment. Meaning if you received a DUI in Texas and it is two years later, and you are charged with another one in Tennessee, it will be your second offense DUI, currently there is a mandatory minimum 45 day jail sentence for a second offense DUI in Tennessee.
The indictment by the State of Tennessee must show that the prior DUI is facially valid, and the indictment must contain the time, place, and state of the prior conviction.
I am often asked if the prior DUI conviction involved that jurisdiction not giving proper notice of the potential to use the conviction for enhancement later, is it void to use for enhancement on your new DUI charge? The answer appears to be a grey area, an argument can be made, the judgment could be voidable not necessarily void.
Should you need assistance with your DUI, please give me a call at toll free (877) 271-2633 or local at (615) 308-2633. We look forward to hearing from you.
Daniel L. McMurtry, Esq.
Nashville DUI Attorney
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In defending people in Tennessee on the charge of DUI it has come to my attention that there are some differences in the penalties from county to county, the mandatory 48 hours is standard and observed by every county and or district, but there are some other differences that many people ask me about.
In Nashville Davidson county there is a mandatory 24 hour litter pick up, now this is state law, but many counties outside of the Davidson county area do not observe this condition. The reason probably is financial, many districts just simply do not or will not spend the money to fund this litter pick up, because it costs money to keep deputies out on the side of the road with DUI clients, thus in some counties it is just simply not observed.
Drug and alcohol safety school, in Davidson county it is mandated by the judge, in the some other counties throughout Tennesse it is not, however to obtain your regular license back after your restricted DUI license is lifted you will needed to have completed a drug and alcohol safety school. I would always suggest attending one if your district and judge did not mandate one as part of your sentence.
How soon can you get a restricted license, in Nashville Davidson county you can obtain one after paying half of your fines and court costs, and obtaining your SR-22 insurance, in some counties outside of Davidson you may only get your restricted DUI license after completing all required classes and completely paying all of your fines and court costs. In some counties the judge will sign your Order to obtain your license the same day as your plea, but in Davidson county you must fill out an application that is then sent to the judge after court.
One question that comes up a lot on second offense DUI is the 28 day inpatient treatment, you can receive credit on a 45 day sentence, (the minimum for second offense DUI) for your time in an inpatient treatment center, but the judge has to give his or her ok for the credit, it is not guaranteed.
Nashville Davidson county has specifically trained officers for DUI patrol, most counties around Middle Tennessee simply do not have the funds for such a program.
Should you need help with your DUI, please give us a call, we would be pleased to speak with you.
Daniel L. McMurtry, Esq.
Nashville Passenger Open Beer
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Often I am asked this question, “Can a passenger have an open beer in the car while riding with someone driving down the street?” The simple answer in Tennessee is yes, now there are some important things one must remember.
While the answer is yes, it comes with many important things to remember. You should never have more than one beer open in an automobile, if there is only you and the driver, it could easily be inferred that both of you were drinking if there are two beers open and only two people in the car. It is illegal in Tennessee for someone to both drink and drive, even if they are no under the influence.
One beer is certainly legal as stated above, however if there are empty cans in the car and you have an open beer, but the driver does not, it might be inferred that the empty beers could belong to the driver, so again having one beer open is legal, but having more than one, empty or not could result in inferences that might require an attorney.
While it is legal to drink a beer as a passenger in a car in Tennessee, it could easily result in being pulled over. Should you need assistance with an alcohol related matter please feel free to phone the office Monday through Saturday.
Daniel L. McMurtry, Esq.
Nashville DUI Reckless Driving
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So what is a reckless driving? It is talked about in regards to a DUI quite often, If you drive any vehicle in wanton or disregard for the safety of others, you have committed reckless driving in Tennessee. It can be on any public access place, shopping center, road, interstate, driveway, trailer court, there is virtually no place a vehicle can go that you can’t be charged with reckless driving.
So if that was reckless driving, what are the penalties in Tennessee? In Tennessee reckless driving can be a class b misdemeanor, the sentence cannot be longer than six months, and the fine cannot exceed five hundred dollars. If within 12 months you receive two reckless drivings the department of safety will revoke your license for a total of twelve months.
In a legal context it is important to realize that reckless driving is not a lesser included offense of a Tennessee DUI. There is an element of the crime reckless driving that is required for a reckless driving, but that element is not found in a DUI, thus it cannot be a lesser included offense of a DUI. Can a DUI sometimes be pled down to a reckless driving, Yes.
Considering a reckless driving in regards to a DUI, it is important to note that even with a reckless driving there are penalties such as loss of license for year, SR 22 insurance, and this offense of reckless driving can be considered in determining if you are a habitual motor offender later on in your driving career.
It is important to note as well, reckless driving and reckless endangerment are two separate and distinct charges, reckless endangerment is a more serious charge and carries with it the increase in penalty, and in some situations becomes a felony.
Should you need assistance in your DUI charge, please give us a call at toll free (877) 271-2633 or local you may phone us at (615) 308-2633.
Daniel L. McMurtry, Esq.
Tennessee DUI Third Offense
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A Tennessee DUI third offense carries with it some very strict penalties. While the same thoughts of defending the case are true in every DUI, in a third offense the punishment will far surpass the DUI first or second in Tennessee.
It is a class A misdemeanor carrying 11 months and 29 days in jail, with a minimum of 120 days to serve. When you serve the 120 days you then must serve the remainder of your jail time on probation, with conditions of probation. Conditions of probation can include drug screens, loss of vehicle, loss of license will be for between 3 years and 10 years, a fine of $1,100.00 dollars to $10,000.00 dollars, and a possible alcohol interlock device on your car or truck.
The law does not allow a third offense DUI defendant to get jail credit for rehabilitation like one is eligible for on a second offense DUI. There is no work release allowed until the minimum sentence of 120 days is served day for day. Your DUI third offense conviction must be served consecutively, there is not weekend service of your sentence allowed. The court may require inpatient jail drug and alcohol treatment as part of your sentence.
As you can see, the third offense DUI in Tennessee is serious business, there are defenses available to you. Please give us a call at toll free (877) 271-2633 or local (615) 308-2633 at no obligation to review your case.
Nashville First Offense DUI
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You are driving home one night from a friends house or a nightclub, suddenly you see the blue lights flashing right behind you, you think to yourself that you are ok to drive, you have never been in any trouble, surely they will see that and let you go on your way, Probably Not.
A Tennessee DUI is not based on your past history of no prior convictions or charges, a first offense DUI only involves one thing, whether or not you were under the influence when they pulled you over, and while you were in control of an automobile, your past history of no problems with the law will not matter.
What are the consequences of a Nashville DUI first offense, well it starts with your license being revoked for a period of one year, some may be eligible for a restricted license, others may not. You are now required to pick up litter for a total of 24 hours, that is three Saturdays of litter pick up. You are required to spend at minimum 48 hours in jail. You are subject to fines and court costs, you are subject to alcohol and drug treatment, safety school. You are subject to 11 months and 29 days probation with drug screens if required. The penalties are severe in Tennessee for a first offense DUI.
Is there any hope for my case?This is a question I hear quite frequently, and the answer is yes, there are alternatives to pleading guilty, just because a friend pled guilty to a first offense DUI does not mean you will have to do the same.
If I did not blow into the breathalyzer does that make me guilty of a DUI?No it does not, by refusing the breathalyzer you possibly violated the implied consent laws of Tennessee but that suspends your license, it does not mean you are guilty of a DUI.
I took the field sobriety tests, I think I failed, there is no hope? Not true, the field sobriety tests in Tennessee are not pass or fail, they are graded on a point scale for each infraction the officer witnessed. There are defenses to these tests available.
If I was driving ok, not violating any traffic laws can they just stop me for a possible DUI? No, the stop in a DUI is protected by Constitutional safeguards, hunches are not enough for the police to pull you over.
Please give the law office a call at toll free (877) 271-2633 or local at (615) 308-2633 and let us put our experience to work for you.
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