Tennessee DUI Center » Tennessee DUI Consequences

Revoked License Reporting Error

Nate Evans — Sat, 26 Jan 2013 01:20:12 +0000

In accordance with a Tennessee state law that was passed in 2011, the Knox County government provided the Tennessee Department of Safety with a list of people who had failed to pay their litigation taxes and fines (often referred to as “court costs”) within one year after their criminal cases were resolved. As a result, nearly 1,300 motorists who faced a criminal offense in Knox County in 2012, including traffic offenses, received a letter earlier this month informing them that their driver licenses would be revoked for failing to timely pay their court costs. Unfortunately, as the Knox News Sentinel reported on January 25, 2013, officials recently discovered that many people should not have been included on the list submitted to the Department of Safety. According to the Knox News Sentinel, over 500 people never owed court costs or had timely completed their obligations to the court. Even though the Department of Safety has been notified of the error, the consequences of this mishap remain unclear. For more information about this developing story, read Clerical Error May Cause Wrongful Revocation of Driver’s License by our firm’s managing partner Steve Oberman.

It is important to note that Driving on a Revoked License is a criminal offense, and an officer may immediately arrest anyone found driving with a revoked license. Moreover, a person who drives while his or her license is revoked as the result of a DUI conviction will be made to serve at least 48 hours in jail if convicted of Driving on a Revoked License. Please contact Steve, Sara, or Nate for further assistance if you have a question about your driver’s license. You may reach our attorneys by calling (865) 249-7200.

Will I be able to rent a car after a DUI conviction?

Nate Evans — Thu, 17 Jan 2013 19:20:02 +0000

Many people are unaware of the many collateral consequences of a DUI conviction. One generally understood consequence of a conviction for Driving Under the Influence, First Offense, in Tennessee is the loss of a driver license for one year. Even though a restricted driver license may be obtained for many people convicted of a DUI, First Offense, a restricted driver license will typically not suffice to rent a motor vehicle. Most, if not all, national rental agencies require a renter to provide a valid driver license. Therefore, the possibility of renting a car will not be an option for at least a year after a conviction for Driving Under the Influence in Tennessee.

Even after the Tennessee driver license reinstatement of someone convicted of DUI, the ability to rent a car may be limited due to insurance concerns. Individual rental companies may respond differently to a prior DUI conviction. Therefore, the best course of action would be to contact a sales representative before a rental car is reserved online and relied upon for transportation. Higher rates, travel restrictions, and special insurance may be required to rent a vehicle, so it makes sense to shop around and compare policies and rates.

Please click here for additional information about the collateral consequences (other consequences) of a DUI conviction. An experienced Tennessee Defense Lawyer should be consulted about all of the possible consequences of a Driving Under the Influence conviction. Steve, Sara, and Nate are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.

Could I be charged after the fact if my friend got a DUI in my car in which I was a passenger?

Nate Evans — Fri, 26 Oct 2012 13:13:46 +0000

Law enforcement officers investigating a potential crime make important decisions about who to arrest. At the scene of a suspected DUI an officer may decide to arrest and charge both the driver and passenger of a vehicle with the offense of Driving Under the Influence. Depending on the circumstances, an officer may choose to only arrest the driver of the vehicle if the officer suspects DUI.

The state prosecutor, however, is not required to follow the officer’s decisions. After an arrest is made, a prosecutor may learn of additional facts, like the ownership of the vehicle involved in the crime. In response to this knowledge, a prosecutor may issue additional arrest warrants for uncharged defendants or increase the severity of the charges.

In most DUI cases, the prosecutor has one year from the date of the offense to bring charges – the statute of limitations for Tennessee misdemeanor offenses. For more serious DUI-related offenses involving multiple offenses, bodily injury, or death, the prosecutor may take up to 15 years to bring charges.

The criminal defense attorneys at Oberman & Rice are able to provide advice and counsel both before and after arrest. Should you have any questions about a Tennessee DUI issue, you may contact Steve, Sara, or Nate by calling (865) 249-7200. Our Tennessee DUI website, provides additional information about the crime of DUI and its associated penalties.

[Source: Tenn. Code Ann. § 40-2-101 & § 40-2-102]

DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”

Nate Evans — Sat, 13 Oct 2012 13:18:58 +0000

The Tennessee Department of Safety, through law enforcement officers, may seize the vehicle of anyone suspected of multiple DUIs. A vehicle may also be seized from anyone found to be driving on a revoked, cancelled, or suspended license if the reason for the revoked, cancelled, or suspended license was a DUI conviction. In other words, a person convicted of a DUI risks vehicle seizure if he or she is found to be driving without a valid license or is suspected of DUI, regardless of whether there is a conviction.

When a citizen’s property is seized, the government, which is typically be represented by the Tennessee Department of Safety in cases involving vehicle and asset forfeiture, must follow the rules. Multiple state laws, court cases, and administrative rules govern the forfeiture process. Furthermore, constitutional protections against unreasonable searches and seizures and against excessive fines may apply to forfeiture proceedings just as they do criminal proceedings.

The Department of Safety rules and regulations are complicated and often intimidating. Nevertheless, failure to take action within strict time limits may result in the loss of property rights. If you or someone you know has had property seized by law enforcement, it is important to contact a Tennessee criminal attorney immediately. You may contact Steve, Sara, or Nate by calling (865) 249-7200. You may also wish to review our website for additional information about forfeitures.

[Source: T.C.A. Section 55-10-401 et seq., Williams v. State Dept. of Safety, 854 S.W.2d 102 (Tenn. Ct. App. 1993), Stuart v. State Dept. of Safety, 963 S.W.2d 28 (Tenn. 1998)]

DUI: Misdemeanor or Felony?

Nate Evans — Tue, 02 Oct 2012 13:24:12 +0000

A First Offense DUI in Tennessee is always a Misdemeanor (sentence of less than 1 year in jail) if no accidents, injuries, or deaths result from the offense. However, all DUI convictions require defendants to serve at least 48 hours in jail, which is a harsher punishment than a defendant would receive for most other Misdemeanors.

Even though Second and Third Offense DUIs are charged as misdemeanors, the mandatory minimum sentences are 45 and 120 days respectively for Second and Third Offenses. A Fourth or subsequent DUI Offense is a Felony Offense (sentence of 1 year or more in jail) and, upon conviction, requires that a defendant serve 150 days in jail. These mandatory jail sentences are significantly harsher than mandatory minimum sentences for nearly every other Misdemeanor Offense.

Jail time is one of many penalties that are unique to DUI. Please visit TNDUI.COM for more details about the penalties for DUI offenses in Tennessee. A Tennessee DUI attorney can help you avoid the harshest punishment. Please contact Knoxville DUI attorneys Steve, Sara, and Nate at (865) 249-7200 if you have any DUI-related questions.

[Source: T.C.A. 55-10-403]

Tennessee Laws Get Tougher

Steve Oberman — Wed, 13 Jun 2012 20:07:27 +0000

At least two Tennessee laws have made it more difficult to defend persons accused of driving under the influence and, in another change, the DUI penalty when accompanied by someone under the age of 18 has increased.

The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406, also known as the Implied Consent Law. This law applies when an officer requests the suspect to submit to chemical testing (blood, breath, or urine). The amendment clarified that an individual may be compelled to submit to a chemical testing if the testing is mandated by:

A Court Order;
A search warrant; or
When a law enforcement officer has probable cause to believe that a driver of a motor vehicle involved in an accident resulting in the injury or death of another is guilty of vehicular homicide, aggravated vehicular homicide, or DUI.

The Legislature also amended Tennessee Code Annotated § 55-10-402 to clarify that no defense to DUI exists when a person is under the influence of an intoxicant even if they are entitled to lawfully use the substance/intoxicant.

Moreover, the penalty for a person convicted of DUI who was accompanied by a person under the age of 18 was enhanced. It now requires a mandatory minimum period of 30 days in jail and a mandatory minimum fine of $1,000.00. This law, which amended Tennessee Code Annotated § 55-10-403, states that the incarceration enhancement must be served in addition to, and at the conclusion of, any jail time and fine otherwise imposed for the underlying DUI offense. Likewise, the fine enhancement must be in addition to any fine imposed by law as a result of the Tennessee DUI conviction.

Laws such as these emphasize the importance of hiring a Tennessee lawyer who is educated about the newest laws and prepared to aggressively defend you. Too many people are wrongfully accused of driving under the influence and related charges. If you would like further information about these laws, or your case, you may contact the Oberman and Rice Law Firm at (865) 249-7200.

How long can a person go to jail for a Tennessee DUI?

Sara Compher-Rice — Tue, 06 Mar 2012 14:23:29 +0000

The number of prior DUI convictions in a defendant’s past significantly affects the amount of jail time a defendant may expect to serve if he or she is convicted of a Tennessee DUI. It is important to note that the prior convictions need not be from Tennessee. Even out of state DUI convictions can be used against a person accused of committing a Tennessee DUI offense.

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.

Consequences of a TN DUI Conviction – Part 1

Sara Compher-Rice — Mon, 21 Nov 2011 15:15:21 +0000

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.

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

Nate Evans — Thu, 29 Sep 2011 19:51:48 +0000

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

Sara Compher-Rice — Tue, 23 Aug 2011 15:16:05 +0000

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.