Archive for category Frequently Asked Questions
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 Implied Consent Violation Restricted Driver’s License
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee Driver's License on August 25th, 2011
Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License. The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions. The permitted geographic restrictions include locations associated with:
- Employment;
- College or university;
- A court-ordered alcohol program;
- Ignition interlock monitoring appointments;
- Meetings with probation officer;
- Regular place of worship;
- Scheduled litter pick-up; and
- Outpatient alcohol/drug treatment program.
It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations. Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.
In light of the recent changes involving Tennessee Ignition Interlock Device laws, we are often asked: Can a motorist, whose license is revoked due to an implied consent violation, receive a restricted TN driver’s license without geographic restrictions if he installs an ignition interlock device? Unfortunately, the answer is no. When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.
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.
Miranda Rights and Driving Under the Influence (DUI)
Posted by Sara Compher-Rice in Frequently Asked Questions, Legal Rights, Uncategorized on June 13th, 2011
On the anniversary of the Supreme Court’s landmark opinion Miranda v. Arizona, I thought it would be appropriate to address one of the most frequently asked questions that we encounter at Oberman & Rice: The officer did not read me my Miranda rights; what are the consequences of this omission? Unfortunately, all too often I have to explain to a client charged with a Tennessee DUI that the failure of the arresting officer to advise him of his Miranda rights will essentially have no impact on his case.
Why? Although popular culture has made Miranda a household word, movies and television shows do not fairly depict the complexity of when Miranda applies or the remedy available when Miranda is not explained to a criminal defendant. Generally, the prosecution cannot use statements made by a suspect during a custodial interrogation unless it first demonstrates the use of procedural safeguards to secure the privilege against self-incrimination (Miranda rights). At issue most often is the definition of “custodial interrogation.” You should consult an experienced attorney to determine whether the statements you made were pursuant to a custodial interrogation. If so, your lawyer may be able to keep the prosecution from using those statements against you in court (also known as suppression of evidence).
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.
Knoxville, TN Ignition Interlock Device Coupon (Free Installation)
Posted by Sara Compher-Rice in Frequently Asked Questions, Ignition Interlock Device, Tennessee DUI Information on March 16th, 2011
As discussed in previous blog posts, New TN Ignition Interlock Device Laws–Part 1, New TN Ignition Interlock Device Laws–Part 2, and New TN Ignition Interlock Device Laws–Part 3, many Tennessee DUI offenders may be required by law to have an ignition interlock device installed their vehicle.
The Oberman and Rice Law Firm has discovered a fantastic coupon offering free installation and, in some instances, free first month’s lease for the Guardian Interlock device. Click here to obtain a copy of this coupon.
This offer is only valid at the following authorized Guardian Interlock distributor:
National Auto Parts, Inc. 4733 Clinton Highway Knoxville, TN 37912 (865) 687-6061-
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