If you have been charged with a DUI in Tennessee, you need to read this immediately.
Did you know that if you are driving a motor vehicle in Tennessee you
have implicitly consented to give a blood, breath, or urine test if a law
enforcement officer has reasonable grounds to believe you are driving under the
influence? This is because of the Tennessee
Implied Consent Statute, § 55-10-406.
This statute provides law enforcement officers discretion to administer
testing to determine whether you have been drinking, solely because you are driving.
While an officer needs “probably cause” to administer the test, this is
typically not a difficult hurtle to overcome. Refusal to submit to the testing will often
result in a suspension of your driver’s license, among other consequences,
including jail time.
In Tennessee, it is unlawful for any
person over the age of 21 to operate a motor vehicle with an alcohol
concentration (known as BAC) at or exceeding .08%. This limit is reduced to .04% for commercial
drivers, such as bus drivers. Further, if any person under 21 has a BAC of .02% while
driving, that person can be found to have committed a DUI, even if the person
does not feel “drunk.” This is a pretty
low threshold and a person under 21 could find themselves facing DUI charges
after only one beer, depending on the circumstances. This is because of Tennessee’s Zero Tolerance
policy for all persons under the age of 21.
These harsh laws could find a good person in a bad situation very
quickly.
How can you be sure you are
not driving with a BAC above .08% (for non-commercial drivers over the age of
21)? The only way to be 100% sure would be avoid drinking any alcoholic
beverages before operating a motor vehicle. Determining the amount of alcohol one must
consume to reach .08% depends on many factors, including:
·
Gender
·
Weight
·
Age
·
Metabolism
·
The types of drinks consumed (liquor, wine, or
beer)
·
How much food you eat before, during, and after
drinking
·
How quickly or slowly you consume drinks and the
time between drinks
·
Medical conditions
·
Prescription medications
If someone is arrested for driving under the influence
(also known as driving while intoxicated), the sentence they receive will vary
greatly depending on the number of DUIs the person has received, when they
received those DUIs, as well as their entire criminal record. For a first-time DUI conviction, there is
mandatory jail time of at least 48
hours, but jail time could be up to 11 months and 29 days. This minimum jail time increases to 7
consecutive days with a BAC of .20% or higher.
Other possible consequences for a first-time conviction include:
·
License revocation for 1 year
·
A fine of $350 to $1,500
·
Participation in an alcohol and drug
treatment program
·
An alcohol and drug addiction treatment fee of $100
·
Installation of an Ignition Interlock Device on your vehicle
·
Other penalties as ordered by the court
These
punishments increase for each DUI conviction a person receives. If a person is convicted
of a DUI four or five times, that person will be sentenced as a Class E felon. This increases the minimum mandatory jail
time to 150 consecutive days, but the person can receive the maximum punishment
authorized for a Class E felony.
It
is critical to hire an attorney who knows the intricacies of the Tennessee Code
to defend your DUI charge. A conviction not only harms your reputation,
it can significantly impact your future.
With just one DUI on your record, you may not be able to rent a car,
your insurance premiums may rise, and you may not be able to get a job. A skilled attorney may be able to fight the charges
altogether, fight for a plea for lesser charges, or significantly reduce your
sentence. It is important to act fast
after an arrest, especially for persons under 21. Contact us today if you have been arrested
and charged with a DUI and let us fight for you.
For further information you please click Nursing
home abuse cases and Knoxville
personal injury lawyer
Comments
Post a Comment