Archive for category Tennessee DUI Consequences
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.
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.
Driver’s License Reinstatement Following DUI Conviction
Posted by Sara Compher-Rice in Frequently Asked Questions, Tennessee Driver's License, Tennessee DUI Consequences on March 15th, 2011
One consequence of Driving Under the Influence (DUI) and related convictions, such as Implied Consent Violation, is the loss of the person’s Tennessee driver’s license. Depending upon the facts of the case, the Tennessee driver’s license revocation can range from one year to more than ten years. Once the revocation period expires, the person is not allowed to simply start driving. Rather, specific steps must be taken to have one’s driver’s license properly reinstated with the Tennessee Department of Safety.
Failure to reinstate your Tennessee driver’s license could result in your arrest if you drive while unlicensed. In fact, a conviction for Driving on a Revoked, Suspended or Canceled Driver’s License could result in a mandatory jail sentence if your license had been revoked, suspended, or canceled as a result of a DUI conviction. Eligibility for driver’s license reinstatement is not a defense to this crime.
To find out when your Tennessee driver’s license is eligible for reinstatement and to how to accomplish this goal, you may click here for detailed information relating to reinstating your Tennessee driving privilege. To obtain this information, you should be prepared to provide your Tennessee driver’s license/ID number.
If you have any additional questions about Tennessee driver’s license consequences of a Driving Under the Influence (DUI) conviction, Steve Oberman and Sara Compher-Rice are available to speak with you and answer your questions. Steve and Sara can be reached by calling (865) 249-7200. You may also find additional information about the crime and consequences of DUI on our firm’s websites: www.tndui.com and www.duiknoxville.com.
Taking a Chemical Test May Cost You $250
Posted by Sara Compher-Rice in Chemical Tests, Tennessee DUI Consequences on June 18th, 2010
Tennessee law currently mandates a $100.00 fee be assessed to any person who submits to a breath, blood or urine test upon conviction of Driving Under the Influence (DUI), Vehicular Assault by Intoxication, Vehicular Homicide, or Aggravated Vehicular Homicide. As of July 1, 2010, the Tennessee Legislature has increased this fee, also known as the “blood alcohol or drug concentration fee” to $250.00. Public Chapter No. 1020 can be reviewed by clicking here.
If a person submits to a blood, breath, or urine test and registers above .08% (the legal limit for Driving Under the Influence in Tennessee), not only could this test result help to convict the person of Driving Under the Influence or one of the more serious offenses noted above, but the submission may ultimately cost the same person an extra $250.00 in addition to mandatory fines and other court costs.
These increased out of pocket costs related to a Tennessee Driving Under the Influence (DUI) conviction, make it even more imperative that anyone charged with the offense of DUI in Tennessee contact a lawyer who regularly handles DUI cases and is familiar with the issues related to chemical testing. If you have been charged with a DUI in Knoxville, Tennessee or elsewhere in the state of Tennessee, feel free to contact our office for more information by calling (865) 249-7200 or visit our website, www.tndui.com.
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.
No Recovery for DUI Accident Injury
Posted by Steve Oberman in DUI Penalties, Tennessee DUI Consequences on January 8th, 2010
New Jersey has taken the collateral consequences of a drunk driving conviction to a new level. Consider, for a moment, that you were legally stopped at a red light when you were rear-ended by a negligent driver. Upon investigation, the officer determines that you are under the influence. You are subsequently arrested and ultimately convicted. Although you were injured in the accident, which was clearly not your fault, a New Jersey statute bars recovery, regardless of liability, for any loss suffered “in connection with” an accident where the claimant has been convicted of DUI. This statute, N.J.S.A. 39:6A-4.5(b), bars recovery not only of economic, but also non-economic loss sustained as a result of the accident.
Tennessee Licensees Should Beware of Out of State Convictions
Posted by Sara Compher-Rice in DUI Penalties, Tennessee DUI Consequences, Tennessee DUI Penalties on November 19th, 2009
Anytime a Tennessee resident is charged with a crime in another state, it is wise to consult with a Tennessee lawyer to determine any Tennessee consequences that may be experienced as a result of an out of state conviction. This is especially true when charged with Driving Under the Influence (DUI, also often referred to in other states as a DWI, OUI, OWI, etc.).
When facing a conviction out of state, your lawyer and even the judge pronouncing judgment are required to inform you of certain consequences of the conviction. However, they are generally not required and are unlikely to inform you of any action the state of Tennessee may take against you as a result of a conviction. Accordingly, it is imperative that you consult with an experienced Tennessee DUI lawyer who can properly advise you. You should contact a Tennessee DUI attorney as soon as you can. Oftentimes, waiting to contact a DUI attorney in Tennessee until after you have been convicted is too late.
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