Tennessee DUI Law Questions
What is a Nashville Tennessee DUI? It is in short operating and or being in control of a vehicle including a motor driven cycle while under the influence of a narcotic, marijuana, intoxicant, or a drug producing stimulating effects on the central nervous system or with a blood or breath alcohol concentration of .08 percent. Please contact me today, a Nashville criminal attorney for further information.
What does Operating mean in regards to a Nashville Tennessee DUI? It is when the accused set in motion the operative machinery of a vehicle for the purpose of moving it. Operating is a point of fact that can be argued by a Tennessee Criminal Lawyer. Please contact me today, a Nashville criminal attorney for further information.
What does Control mean? It is defined by a totality of circumstances, ie what are the facts of the case in regards to control. This question is a trier of fact question, meaning a jury question for a jury trial, and a question for the judge to decide if you are having a bench trial. The Supreme Court of Tennessee has set out many factors to assist the trier of fact to determine if you were in control of the vehicle. Control can be argued by a Tennessee Criminal Lawyer, it is a question of fact. Please contact me today, a Nashville criminal attorney for further information.
What does DUI PER SE in Tennessee mean, and why am I charged with DUI PER SE and DUI, isn’t that the same thing ? No, DUI PER SE and a DUI charge are not the same. DUI PER SE is a statute that established a crime for DUI in Tennessee when your blood alcohol level is .08% or higher. You do not have to intend to break this law to be convicted of it. One need only to have a BAC of .08% or higher, be in control and operating your vehicle to be convicted of violating it. DUI while under an intoxicant only requires that the state prove your under the influence of an intoxicant while operating and controlling a vehicle. There is no double jeopardy in being tried for both of these crimes.
Do they take you directly to jail when they arrest you for a Nashville Tennessee DUI? Yes, under most circumstances you are taken to jail, booked, and after a waiting period, if you are sober and ok to drive, you are allowed to be released. In some cases you have to post a bond before you are released. There is also another form of bond called pre-trial release, some people are eligible for this. If you are not eligible for pre-trial release you must post a bond with a Tennessee Bail Bondsman to be released.
What is Bond? They say I have to post one before they will let me out of jail for my Tennessee DUI Charge? It is an assurance to the court that you will show up for your court date. It is paid to a Tennessee Bail Bondsman who posts your bond for you, and in return you pay the bail bondsman a percentage of your bond so that he will assure the court that if you fail to show up, he will pay the entire amount of your bond.
I was a passenger in a car stopped for DUI, I was not drunk, and I did not own the car. The police officer found marijuana under a seat and I was charged with possession of it, can they do that? Yes, however there are legal arguments in your defense that a Tennessee Criminal Lawyer can put forth. Please contact me today, a Nashville criminal attorney for further information.
If the police officer had a dash camera taping the entire stop, can they use that in court? Yes, in Tennessee the video dash camera evidence can be used in court, however sometimes a Tennessee Criminal Lawyer may find things in the tape that will help your case and not hurt it.
I was arrested and charged while in a National Park, via a National Park Ranger, is a Federal DUI different than a State of Tennessee DUI? Yes, there are several key differences in a Federal DUI, the main one being that you do not have a right to a preliminary hearing.
I was pulled over by the Vanderbilt Police, can they do that on a Nashville street that is not on their campus? Yes, the Vanderbilt Police have jurisdiction that goes past their campus, but it is limited. Please contact me today, a Nashville criminal attorney for further information.
After I was stopped in Tennessee I did not blow into the breathalyzer, how can they take my driving right for that? Driving in Tennessee is not a right, it is a privilege, and with that privilege comes the right of Tennessee to ask you to submit to a breathalyzer should there be probable cause of you driving under the influence. You can refuse the test and be charged with an implied consent violation. Violating the implied consent law does not mean you are guilty of a Nashville Tennessee DUI. It means you refused to submit to a breathalyzer exam when asked by the police officer.
They will throw my case out, my Miranda warnings were not read to me? Wrong, Miranda warnings are not required for Tennessee field sobriety tests associated with a Nashville Tennessee DUI. If, after the arrest the officer did not ask you questions meant to illicit incriminating evidence, then there is no Miranda warning violations.
Do or did I have to take the field sobriety test under Tennessee law? No, however there is a great chance that you will be arrested, if you refuse the tests you need to be polite to the police officer in telling the him of your decision.
I have heard that in Tennessee the passenger can have an open beer, is that true? Yes, Tennessee is one of the last remaining states that allows passengers to have open containers. However, as a Tennessee Criminal Lawyer I would never advise a client to have an open container in the vehicle.
My blood was taken from me, without my consent, by the police, can they do that? There are legal arguments available for your defense based on blood being taken without your consent. There has been a recent issue at a local hospital where the hospital refused the police request for a sample to be drawn.
The hospital took blood from me while attending to me for medical reasons at the hospital without my consent, is that different than the police taking my blood without my consent?Yes, it has different legal evidentiary issues.
I wrecked my car into a ditch or pole and went home after leaving my car at the scene. No one was in the car with me. I was taken back to the wreck by the police after they came to my house, they did not have a warrant for my arrest? There are legal arguments based on Tennessee criminal law that may be available to you, and could be put forth by a Tennesseee Criminal Lawyer in defense of your case. Mr. McMurtry has filed this issue with the courts in Tennessee. Please contact me today, a Nashville criminal attorney for further information.
What are the Penalties for a Nashville Tennessee DUI first Offense? 11 months and 29 days for first offense, (if your BAC was .20% or higher you must serve a minimum 7 days in jail), minimum 48 hours in jail and probation, litter pick up of 24 hours served in 3 seperate shifts of 8 hours, attendance at Tennessee DUI school, $350.00 to $1,500.00 dollar fine, and one year loss of driving privileges.
What if this is my Second Nashville Tennessee DUI? You must serve a minimum of 45 days in jail and probation. The fine ranges from $600.00 dollars to $3,500.00 dollars, plus two year loss of driving privileges, with possible forfeture of vehicle, drug and alcohol treatment as required by the court, and interlock ignition device.
What if this is my Third Nashville Tennessee DUI: You must serve a minimum of 120 days in jail and probation. The fine ranges from $1,100.00 to $10,000.00 dollars, court required drug and alcohol treatment, forfeiture of vehicle, and interlock ignition device.
What if this is my Fourth Nashville Tennessee DUI?You are now facing a Tennessee FELONY, that is a crime that allows for jail time in excess of 11 months and 29 days. This felony carries a sentence of not less than 1 year in jail, but nor more than 6 years in jail. Upon conviction you will lose your right to own a firemarm, lose your right to vote, and lose your right to enter some countries due to being a convicted felon. The fine ranges from $3,000.00 to $15,000.00 dollars. You must serve a minimum of 150 days consecutive for a fourth offense driving under the influence conviction.
Does it matter that my prior DUIs were in another state? No, it does not matter.
Is there a time limit on my prior convictions for DUI being used against me for my current Nashville Tennessee DUI? Yes
I am a Pilot, Truck driver or other professional holding a license issued for my profession? You can face revocation of your license to practice your profession.Please contact me today, a Nashville criminal attorney for further information.
What happens if I am adjudicated an Habitual Motor Vehicle Offender?In Tennessee once you are adjudicated to be an Habitual Motor Vehicle Offender you lose your driving privileges until you petition the court for reinstatement, which the court does not have to grant.
Are there other consequences to a Nashville Tennessee DUI? Yes, it can affect your ability to obtain or renew your Tennessee handgun carry permit; it can affect your ability to travel into other countries; it will more than likely affect your insurance; your legal immigration into the United States can be revoked. Please contact me today, a Nashville criminal attorney for further information.
I have a Tennessee handgun carry permit, I can’t be charged with any more charges for having the gun with me when I was arrested for a Tennessee DUI? Wrong, you can’t be intoxicated and have possession of a firearm. It does not matter that you have a Tennessee handgun carry permit, it is a crime. You can’t have your handgun where alcohol is served. Please contact me today, a Nashville criminal attorney for further information.
Are there special police officers who concentrate on DUI patrol? Yes, in Davidson County, Tennessee there are special DUI officers.
Is there Boating Under the Influence in Tennessee? Yes, it is measured at .08 blood alcohol content just like a Tennessee DUI.
They searched my car after it was impounded when I was charged with a Tennessee DUI, can they do that? Yes, if your car or truck is impounded by the police they can conduct an Inventory Search based on South Dakota v. Opperman as held by The Supreme Court of the United States.
It was my friend driving my car, not me, can I still get a DUI? Yes, in Tennessee there is an owner DUI, it is when you allow a drunk or intoxicated person to operate and control your vehicle. There are defenses available. Please contact me, a Nashville criminal attorney for further information.
What can I do as a your criminal attorney?
(1) I can explain your legal rights to you, and allow you to make an informed decision about what action to take in your Tennessee Criminal Case. You will find that upon leaving your meeting with me that you feel you have a lawyer on your side, and someone who can give you some peace of mind.
(2) The procedure involved in representing someone in a Tennessee criminal case can be long and complicated, as their are United States Constitutional issues when individuals are detained by police. I explain each procedure, including all aspects of a Tennessee DUI, including what is involved in Tennessee DUI, including, probation, trial, and a wreckless driving.
(3) There is no obligation to call, and speak with me about your case. You will discuss the initial stop all the way through the arrest.
(4) I will put my Tennessee criminal law knowledge to work for you, there are rules to follow in criminal law procedure, having tried Tennessee criminal jury trials I have used these rules and procedures not just in theory, but actual trial work where my clients were facing jail time and permanent convictions on their record. I has cross examined experts on the stand and testifying government officials, including FBI agents.
(5) Each person charged with a Nashville Tennessee DUI has seperate and different facts from all other cases, a Tennesse criminal lawyer will approach each case, and let each case stand on it’s own facts. I will inform the client of how facts weigh in their favor or against them. Having this knowledge will allow the client to be comfortable with the decision they make in their case for the rest of their life.
(6) My time, effort and experience as a Tennessee Criminal Lawyer will be put to work for you, every effort will be made for your best outcome to the case pending against you. Please give us a call and let the my firm provide you with a no obligation or cost appointment to discuss your case.
