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.
