Tennessee DUI law requires minimum amounts of jail time to be served for all DUI convictions.  If a defendant is convicted of a DUI, the judge MUST sentence that defendant to the minimum amount of time established by Tennessee DUI law, ranging from 48 hours in jail up to 150 days in jail, depending upon the offense.  On the other hand, the judge may sentence a defendant to more than the mandatory minimum amount of time – this is more likely to occur with multiple convictions.  Please visit our website for a full list of penalties for DUI convictions.

TN DUI lawyers know that any time in jail causes a major disruption in a person’s life, which is why anyone charged with DUI in Tennessee should consult with a Tennessee DUI attorney as soon as possible.  If you have questions about your Tennessee DUI charge and associated penalties, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  

No matter what testing mechanism is used, the tests are not foolproof.  Machines malfunction.  Like a toaster, dishwasher, or hair dryer, machines wear down and break over time. Devices that collect and analyze blood, breath and urine are no different.  Some machines and methods are less reliable than others.  The tests are further subject to error by those persons involved in the collection and analysis processes.

A Tennessee DUI attorney should be familiar with the different tests and machines used in Tennessee.  Hiring a motivated Criminal Defense lawyer gives someone the opportunity to fight all of the facts.  In some cases, it may be possible to prevent the chemical test result from being used as evidence.

Additional information about Tennessee DUI offenses can be found on our websites at www.tndui.com and www.duiknoxville.com.   You may also speak with one of our attorneys, You may reach Steve Oberman, Sara Compher-Rice or Nate Evans, by calling (865) 249-7200.

When a person misses a court date, the court may issue a warrant for that person’s arrest or may charge that person with “Failure to Appear” in court, a separate, Class A Misdemeanor.  The effect of a missed court date will vary in each case depending on the presiding judge, the facts of the case, the amount of advance notice provided to the court, and the practices of the local county.

If a good reason exists as to why a person will miss a court date, a judge may show leniency.  In this type of situation, an experienced Tennessee Criminal Defense lawyer will work to avoid an arrest or incarceration for his or her client.  If you missed your court date and do not have a Tennessee Criminal Defense lawyer working for you, contact one immediately.

If you have questions about your Tennessee DUI or other criminal charge, our lawyers are available to assist you.  Sara, Steve, or Nate will be happy to speak with you at (865) 249-7200.  You may also review our websites at www.tndui.com, www.duiknoxville.com and www.tncriminaldefense.com.

Any DUI conviction from another state may be used against you if arrested for a Tennessee DUI offense.  If the time criteria is met, a prior, out-of-state DUI may be used to enhance your Tennessee DUI conviction to a DUI second offense or greater, depending upon the facts of your prior conviction(s).  Tennessee does honor DUI convictions from all other jurisdictions in the country.

It is important to note that the arresting officer may not know about the out-of-state conviction(s) at the time of the Tennessee DUI arrest.  The officer’s initial arrest warrant, and any paperwork a person receives following a DUI arrest, may state that the charge is DUI, first offense.   However, the state prosecutor may amend the initial Tennessee DUI charge to multiple offense DUI  when more information becomes available.

Tennessee DUI law allows for a person to challenge an out-of-state conviction, and a skilled DUI attorney may prevent it from being used against you in your Tennessee DUI case.  Be sure to consult with a Tennessee Defense Attorney to determine if a conviction in another state could be used against you.  A successful challenge to an out-of-state conviction could make a significant difference in a defendant’s case and punishment.

[Source: Tenn. Code Ann. § 55-10-403]

If you are convicted of a Tennessee DUI offense, the conviction cannot be erased from your criminal record. Only a dismissed charge may be expunged. Any conviction in Tennessee remains on a person’s criminal record forever unless a pardon is issued by the governor after a careful review by the Board of Probation and Parole.

Accordingly, if a person pleads guilty to a DUI in Tennessee, that person will not be eligible to have the charge dismissed or expunged.  However, a person charged with a DUI may not need to plead guilty to a DUI.  This is one reason why it is important to have an experienced Tennessee DUI attorney review your case before entering into any plea agreement that results in a criminal conviction.

[Sources: Tenn. Code Ann. § 55-10-403; § 40-35-313; § 40-27-102]

Additional information about the offense of Driving Under the Influence as well as the Tennessee Criminal Justice System can be found on the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com.  You may also contact Steve or Sara for more information by calling (865) 249-7200.

The District Attorney General

… “He is to judge between the people and the government; he is to be the safeguard of the one and the advocate for the rights of the other; he ought not to suffer the innocent to be oppressed or vexatiously harassed; any more than those who deserve prosecution to escape; he is to pursue guilt; he is to protect innocence; he is to judge the circumstances, and, according to their true complexion, to combine the public welfare and the safety of the citizens, preserving both, and not impairing either; he is to decline the use of both individual passions and individual malevolence, when he can not use them for the advantage of the public; he is to lay hold of them where public justice, in sound discretions, requires it.” …

Catherine Fout v. State of Tennessee, 4 Tenn. 98 (1816)

Most plea agreements are compromise dispositions to avoid the uncertainty and expense of a hearing and/or trial.  Any plea agreement must be approved by the presiding judge to be certain the plea agreement is justified by the facts as applied to the law.  If not, the judge may reject the plea agreement.  Some of the factors reviewed by a prosecutor (in no particular order) include the:

• Facts of the case surrounding the arrest;
• Nature of the offense involved;
• Anticipated credibility of the prosecution witness(es);
• Anticipated credibility of the defense witness(es); and
• Skill level of the defense attorney.

Accordingly, where the facts justify an amendment from the offense of DUI to the offense of Reckless Driving, a plea agreement is reached between the parties to conclude the case in that fashion.  Agreements may range from a set punishment on a plea by the defendant to the offense charged, to the prosecution dropping the case entirely.

Readers of this blog should understand that the only reason cases are amended is when the prosecution believes it has a reasonable chance of losing the case.  Obviously, the more the prosecution believes it will lose the case, the better the plea agreement that will be offered to the defendant.  The prosecution does not want to waste time or effort attempting to convict somebody when the chances of doing so are minimal.  Plea agreements are not made on the basis of other factors such as relationships or friendships between the officers, lawyers or judges. Accordingly, a defendant should be wary of hiring a DUI attorney who makes such promises.

In Tennessee, an arraignment, often referred to as an “initial appearance,” is conducted by a magistrate or judge. The underlying purpose of this appearance is for the magistrate or judge to:

1.    Inform you of the offense(s) with which you have been charged;

2.    Inform you of your right to a lawyer in every stage of the proceedings;   and

3.    To schedule your next court appearance on a mutually convenient date for you, the involved lawyers, and the witnesses. An arraignment generally takes place in the General Sessions Court before the preliminary examination (often referred to as a “preliminary hearing”) or trial; or before a formal motion hearing in your case if the case is pending in a court of record such as Criminal Court or Circuit Court.

Because your lawyer must be available at the forthcoming court appearance which is scheduled at the arraignment, it is very important to hire a Tennessee DUI lawyer to appear with you at this initial appearance.