Are you charged with Driving Under the Influence (DUI)? Here is what you need to know. These are some common questions I get in my practice:
1. Will I lose your driver’s license automatically?
No, you may be charged with Implied Consent, but you do not lose your driver’s license automatically. In Tennessee, you do not lose your driver’s license until and if you are convicted of either DUI or Implied Consent.
2. Do I have to get an interlock device?
No, not unless you are convicted of DUI or if you have an accident or prior. In those instance, you may be required to get an interlock device as a condition to bond.
3. Do I have to agree to giving my blood sample or to performing Field Sobriety Tests (FST’s)?
No, you do not have to agree to either. The police will advise you of Implied Consent, which is a separate charge that they have to prove in their case. You do not have to agree, you have a right to remain silent, and you can refuse all FST’s. FST’s are a gathering evidence tool used by police to help prove you are impaired. You are not required to perform these and SHOULD NOT if you are injured, were in an accident and injured, have knee or leg problems or conditions, or have any health condition that would hinder your performance on the tests. These are not tests that you meant to pass. These tests were created for police to assist their prosecution against you. You do not have to give them evidence against you. Refusing to perform FST’s will not automatically lead to criminal charged on its own.
4. If my license is suspended in Tennessee, is it automatically suspended in other states?
Yes, if you are convicted of DUI or Implied Consent in Tennessee and live in another state, your license could be suspended in that state. Tennessee is part of a global database, which most states are also part of. If your license is suspended here, it could be there because of this database.
5. What are the minimum requirements for DUI?
DUI 1st offense – Driver’s license suspended for 1 year and could be for 18 months in some circumstances, 48 hours minimum mandatory to serve incarceration – some jurisdictions allow to be served in a treatment DUI center/facility, SR22 insurance required, can get restricted driver’s license with interlock device, probation for 11months and 29 days, MADD Impact panel class to complete and alcohol safety school.
DUI 2nd offense – 45 days incarceration, can get credit for 28 days of treatment and serve 17 days, same conditions above, and driver’s license is suspended for 2 years.
DUI 3rd offense – 120 days in jail, same conditions above and loss of driver’s license 6 years.
DUI 4th offense – 150 days in jail, Class E felony, and loss of driver’s license for 8 years.
6. Are there alternatives to a DUI conviction on my criminal record?
Yes, there are alternatives and defenses that could be available within your case such as reckless driving, aggravated reckless driving, reckless endangerment, etc.
7. Can I be charged with DUI just for legal marijuana or legal prescription drugs?
Yes, I have many cases where clients have been charged for legal forms of marijuana or taking their prescriptions. There are defenses available. We gather your prescription records, review the laboratory evidence, work with our own expert to review the laboratory evidence, work with our client to develop their individual story, and check your levels of alleged impairment. Sometimes an accident is just an accident.
8. Can a DUI conviction be expunged?
No, in Tennessee, a DUI conviction can never be expunged, but there are alternatives that could be available in your case that are.
As stated above, there are options and alternatives in DUI cases. If you are charged with DUI, contact our office today to discuss your case and options. Know your rights and get a lawyer.