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.  

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]

• 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.

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.

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.

Tennessee DUI offenses prior to July 1, 2010: Calculate from the date of conviction on the prior offense to the date of conviction on the current TN DUI charge.

Tennessee DUI offenses on or after July 1, 2010: Calculate from the date of the offense of the prior DUI conviction to the date of the offense for the current DUI charge.

These changes can be found in Tennessee Public Chapter Number 1080, which amended Tennessee Code Annotated § 55-10-403(a)(3). The full text of all Tennessee Public Chapters can be found by visiting http://tnsos.org/acts/PublicActs.106th.php?showall.

For more information about this new Tennessee DUI law, you may contact the Oberman & Rice Law Firm, Knoxville, TN DUI lawyers, at 865-249-7200 or visit us at www.tndui.com or www.duiknoxville.com.

Over the past several decades, the trend in our society has been toward harsher penalties and more conservative laws for driving under the influence.  A recent story in the ABA Journal highlights one reason that prosecutors are hesitant to be lenient on the punishment for DUI offenders.  DUI prosecutors often state that they cannot reduce a DUI, even if just a first offense, because the defendant may then go out and repeat the behavior of driving while impaired, endangering the lives the community.  This exact scenario, as reported by the ABA Journal, recently played out in Maryland.  However, rather than striking and injuring a citizen at large, the defendant in question struck and injured a retired Maryland County Judge and his wife.  The same Judge had previously shown leniency to the defendant, suspending his DUI sentence (meaning he did not have to serve any time in jail).

Accounts such as these provide prosecutors, state legislators and private organizations (such as MADD) with the ammunition needed to justify the “no tolerance” trend toward DUI offenders.  Unfortunately, although each Driving Under the Influence case is quite unique and bears individual scrutiny to determine whether a reduction is appropriate, many jurisdictions are pushing for convictions in all cases under the assumption that the defendant will re-offend.

This trend only highlights the importance of selecting a qualified attorney to handle your DUI case.  Never assume that you can handle the case yourself or hire the cheapest lawyer you can find because you are assured a reduced charge due to your clean record.  Do your homework and hire the very best DUI defense attorney that you can afford.  For more information on how to select a Tennessee DUI attorney, click here.  For information about a Tennessee DUI charge, you may contact Steve Oberman or Sara Compher-Rice at (865) 249-7200.

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.

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.