Archive for category DUI Penalties
What if a person accidentally misses a court date for a Tennessee DUI?
Posted by Nate Evans in Court Procedures, DUI Penalties, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on February 22nd, 2012
Court dates should always be a defendant’s highest priority, aside from urgent family emergencies. If a person expects to miss a court date or has missed a court date in the past, he should contact his attorney as soon as possible.
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.
Consequences of a TN DUI Conviction – Part 1
Posted by Sara Compher-Rice in DUI Penalties, Frequently Asked Questions, Podcasts, Tennessee DUI Consequences on November 21st, 2011
Citizens charged with Driving Under the Influence (DUI) in Tennessee often understand the Tennessee DUI penalties, such as large fines, mandatory jail time, roadside litter pick-up, and loss of driver’s license. However, few are aware of the collateral consequences associated with a Tennessee DUI conviction. Collateral consequences are problems and difficulties experienced as a result of a DUI conviction that are separate from the penalties faced in court. Those convicted of DUI find themselves dealing with the consequences long after all fines are paid, probation has expired, and their driver’s license has been reinstated.
In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 1 of a podcast series explaining some of the Collateral Consequences that result from a Tennessee DUI conviction. The purpose of this series is to summarize some, but certainly not all, of the lesser known consequences one faces if convicted of DUI. Our Knoxville, TN DUI lawyers are also happy to answer any questions you may have about these and other issues surrounding a Tennessee DUI charge and the resulting penalties. Feel free to call our office at (865) 249-7200.
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Additional information about the Collateral Consequences of a Tennessee DUI conviction, as well as the Tennessee DUI penalties mandated by law can be found by visiting the website of Knoxville DUI attorneys, Oberman & Rice, at www.tndui.com and www.duiknoxville.com.
Can A Prior Out-Of-State Conviction Be Used Against You?
Posted by Nate Evans in Court Procedures, DUI Penalties, DUI Second Offense, Frequently Asked Questions, Hiring a Tennessee DUI Attorney, Tennessee DUI Information, Tennessee DUI Laws on September 29th, 2011
If my prior DUI conviction was in another state, can it be used in Tennessee to charge me with a second offense DUI?
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]
Expungement of a Tennessee DUI
Posted by Nate Evans in Court Procedures, DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Information, Tennessee DUI News, Tennessee DUI Penalties, Uncategorized on September 29th, 2011
Can a Tennessee DUI conviction be expunged from my criminal record?
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]
The Overlooked Costs of a Tennessee DUI Charge
Posted by Sara Compher-Rice in DUI First Offense Penalties, DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Penalties on August 23rd, 2011
Most people do not recognize the varied costs associated with a DUI charge. Although the exact cost is difficult to determine without knowing the facts of your case, the costs you may encounter (excluding attorney fees) include, but are not limited to:
- Investigation expenses (scene photos, witness interviews, etc.)
- Police communication tapes (911) and transcription
- Police videotapes and transcription
- Field sobriety test expert fees
- Chemical test (blood, breath or urine) expert fees
- Technology fees (e.g. to play the police video in court)
- Fees/court costs associated with conviction (e.g. $40.00 ignition interlock fee for all DUI convictions; $250.00 chemical test fee; $100.00 assessment etc.)
- Mandatory minimum fines ($350 for a DUI 1st Offense; $600.00 for a DUI 2nd Offense; $1,100.00 for a DUI 3rd Offense; and $3,000.00 for a DUI 4th or subsequent Offense)
- Increased insurance premiums for a minimum of 3 to 5 years
- Lost income from lost job opportunities
- Costs related to probation (litter pick-up fees; probation fees; DUI school; Ignition interlock device; SCRAM device; alcohol treatment)
- Driver’s license reinstatement fees
- Costs associated for alternative transportation if you are not permitted a restricted driver’s license
As you can see, depending upon the facts of your case and whether you are ultimately convicted of DUI, a DUI arrest can be quite costly.
Automobile Insurance After a DUI Arrest
Posted by Steve Oberman in DUI Penalties, Frequently Asked Questions, Tennessee DUI Consequences on July 25th, 2011
How will a DUI conviction affect my automobile insurance?
Once convicted of a DUI, your insurance rates will likely increase – a lot. That is one reason it is so important to aggressively defend your case. However, if convicted, you will likely be placed on “high risk” insurance (sometimes referred to as an SR-22, which is just the form for “high risk” insurance). The amount of the increase depends, among other factors, on your driving record and how good a customer you are with that company.
The only measure you can take to try to mitigate the situation is to:
- Talk to your insurance agent to negotiate a lower premium; and/or
- Shop around for other insurance. You will find that prices can greatly vary.
When Will Your Prior DUI Conviction Be Used Against You?
Posted by Sara Compher-Rice in DUI Fourth Offense, DUI Penalties, DUI Second Offense, DUI Third Offense, Frequently Asked Questions, Tennessee DUI Consequences, Tennessee DUI Laws, Tennessee DUI Penalties on March 20th, 2011
Understanding when and if a prior conviction for Driving Under the Influence can be used against you to increase the penalties of a second or subsequent DUI conviction can be complicated and confusing. In Tennessee, this determination has been further complicated by a recent change in the law (Tennessee Code Annotated § 55-10-403(a)(3)), which became effective July 1, 2010 and is discussed in more detail below.
To determine when a person is classified as a Tennessee DUI multiple offender, we first must answer the question: how far back does Tennessee look for prior convictions? This time period is also often referred to as the “look back” period. Typically, this “look back” period is 10 years, but depending upon the circumstances of the case, this period may be extended up to 20 years. Knoxville DUI attorneys Steve Oberman and Sara Compher-Rice are available to answer your questions about the Tennessee “look back” period and how it may affect your Tennessee DUI case.
The next question is how (or from what dates) is the “look back” period calculated? This calculation is impacted by the new Tennessee DUI law. When examining the initial 10-year period, the calculation should be made as follows:
Arrests prior to July 1, 2010: Compute 10 years from the date of conviction for the current offense to the date of conviction of the previous DUI offense.
Arrests on or after July 1, 2010: Compute 10 years from the date of the current offense (current arrest date) to the date of the previous offense (previous arrest date).
In other words, the calculation has changed from conviction date to conviction date to now being determined from DUI arrest date to DUI arrest date.
Should you have any additional questions about the offense of DUI in Tennessee or the associated penalties, please visit the Oberman & Rice websites at www.tndui.com and www.duiknoxville.com. Steve and Sara may also be reached by calling (865) 249-7200.
As of July 1, 2010, a DUI Conviction Costs You More
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Laws, Tennessee DUI Penalties on November 8th, 2010
Among the new and updated DUI/DWI-related laws generated from the Tennessee 106th General Assembly (2010) is the requirement that each person convicted of a TN DUI charge be taxed a $40.00 Ignition Interlock Device (IID) fee. The purpose of the fee is to fund the Ignition Interlock Fund, which is being created to pay for installation and maintenance of the ignition interlock device for indigent defendants in certain circumstances. The $40.00 IID fee is the second court cost increase for Tennessee DUI convictions to be mandated by the Tennessee Legislature this past year. See my June 20, 2010 post, Where Does the Chemical Test Fee Go?, for information on the other fee increase.
In the coming weeks Tennessee DUI Center will continue to provide information on the new and/or updated Tennessee DUI/DWI laws. Please check back each week for a new highlighted law. In the meantime, if you have any questions about Tennessee DUI laws or DUI/DWI-related matters, feel free to contact Steve or Sara at 865-249-7200 or visit us online at either www.tndui.com or www.duiknoxville.com.
DUI Consequences for College Students
Posted by AWinston in DUI Penalties, Hiring a Tennessee DUI Attorney on October 1st, 2010
After earning an undergraduate degree and completing coursework for a master’s degree in social work, Suzanne Glen learned a final lesson that would invalidate many of her previous ones. After being charged with a DUI in Alabama, the University of Tennessee indefinitely suspended Suzanne in November 2009. She continued her master’s coursework through the Spring of 2010 while appealing her punishment. Even though she was only convicted for Reckless Driving and not DUI, Suzanne’s appeal failed, and she is now unable to receive her degree, her transcripts, or any of the $13,000 she spent on Spring courses.
However startling, Suzanne’s is not an uncommon case. There are many thousands of college students who drink and drive. In a National Highway Traffic Safety Administration (NHTSA) survey, 44% of college students reported binge drinking at least once in the two weeks prior to being surveyed. 19% reported frequent binge drinking, and more than half of those admitted to drinking and driving in the 30 days prior to being surveyed. Little do they know that their irresponsible social behavior, regardless of academic standing, could prohibit them from earning a degree. In a similar NHTSA survey, an alarming number of high school students also admitted to drinking and driving, which, if caught, could prevent them from being accepted to college.
In addition to showing just how life-altering a DUI charge can be, Suzanne’s case highlights the importance of hiring an attorney who specializes in DUI Defense—something Suzanne did not do. Attorneys that specialize in DUI Defense will be familiar with how a DUI will affect school and job applications, student statuses, various degrees, professional licenses, and other certifications. Such attorneys will be more apt to follow the course of action best-suited to each client’s unique interests. A list of attorneys who are certified as specialists in Tennessee may be found at http://www.cletn.com/Specialists.aspx.
Sources:
Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors. NHTSA. http://www.nhtsa.gov/people/injury/alcohol/youthdui/index.html
“UT rejects woman’s appeal of suspension, withholds degree”. The Knoxville News-Sentinel. 9-23-10. http://www.knoxnews.com/news/2010/sep/23/UT-rejects-woman-appeal-suspension-degree/
Have a DUI conviction? Read this before traveling to the 2010 Winter Olympics!
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences on February 2nd, 2010
When a person is convicted of or pleads guilty to the offense of Driving Under the Influence (DUI) in Tennessee, the law requires that a judge advise them of the mandatory penalties set by the Tennessee legislature. The judge must also advise the person of enhanced penalties for future DUI convictions.
The judge is not required, however, to advise a defendant of the possible restrictions a Tennessee DUI conviction could place on travel. For instance, once convicted of a TN DUI offense, a person is deemed “criminally inadmissible” to Canada. In fact, if border authorities learn of Tennessee DUI arrest, pending trial, or even the simple issuance of a criminal warrant, you may be denied entry.
Typically, one must follow specific “rehabilitation” procedures to be granted access to Canada following a conviction for driving under the influence. However, a person cannot even begin the application process until a period of five (5) years has passed since the expiration of his or her sentence (rather than 5 years from the date of conviction). In some rare instances, one may be granted a temporary residence permit, which would allow the person entry even during a period of criminal inadmissibility.
Two excellent references on this subject can be found at http://www.tripadvisor.com/Travel-g153339-c49436/Canada:Dwi.Or.Dui.Driving.Convictions.html and http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp#note1.
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