Posts Tagged Tennessee DUI Consequences

How Do I Reinstate My Tennessee Driving Privileges?

Tennessee residents who have had their driving privileges revoked or suspended because of a Driving Under the Influence conviction (or because of other traffic issues) often want to know the steps required to reinstate their Tennessee driving privileges. There is no “one-size-fits-all” answer, however, because the requirements are unique for each individual and depend on the circumstances of the revocation or suspension.

Fortunately, the State of Tennessee has made it quite easy to answer this question. By visiting the following website and entering certain key information (last name, date of birth, Tennessee driver license/I.D. number, and Social Security Number), Tennessee residents may discover the individual requirements that they need to satisfy before the Department of Safety will reinstate their driver license. This website allows individuals to not only discover the reinstatement requirements if their driving privileges have been revoked, but one may also add an emergency contact to their license, order a duplicate license, document a change of address, or even obtain a driving history.

The Oberman & Rice law firm often deals with issues involving Tennessee driver licenses, often relating to Tennessee DUI offenses or other traffic issues.  Should you have any legal issues regarding your Tennessee driver license, our attorneys, Steve, Sara, and A.Z. are available to speak with you and can be reached by calling (865) 249-7200.

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Increased Jail Time for Some DUI Offenders in Tennessee

Beginning in July 2016, drunk drivers who have prior DUI convictions will face more severe penalties.[1] The Tennessee General Assembly has enacted a new law that amends Tennessee Code Annotated §55-10-402 and enhances the way Tennessee punishes offenders with multiple DUI convictions. These changes will apply only to those who commit an offense on or after July 1, 2016.

Previously, a conviction for a 4th offense or higher DUI was a Class E Felony. A Class E Felony carries a punishment of 1-6 years.[2] Starting on July 1, while a 4th or 5th offense conviction for DUI will remain a Class E Felony, a person who commits a 6th or subsequent offense will be sentenced as a Class C Felon. A Class C Felony is punishable by 3-15 years in the penitentiary.[3]

Although the mandatory minimum jail sentence for DUI offenders who have six or more convictions will not change, the maximum sentence increases significantly. People who are convicted of a 4th or subsequent offense must serve a mandatory minimum of 150 days in jail. However, based on statistics from 2015 in Tennessee, Class E Felons serve an average of 1.56 years in jail, while Class C Felons serve an average of 4.13 years in jail.[4] This change to the law should significantly increase the amount of incarceration for those who have six or more convictions for DUI.

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,500 DUI defendants.  Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. (NCDD) and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.  Steve was the first lawyer in Tennessee to be Board Certified as a DUI Defense Specialist by the NCDD.

He is the author of DUI: The Crime & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 30 states, the District of Columbia and three foreign countries.

The author would like to thank his associate attorney, Anna Rickels, for her research and contributions to this article.

If you would like to contact the author, please visit: http://www.tndui.com

[1] http://share.tn.gov/sos/acts/109/pub/pc0876.pdf

[2] Tennessee Code Annotated §40-35-111(b)(5)

[3] Tennessee Code Annotated §40-35-111(b)(3)

[4] Sentencing Practices in Tennessee (April 2015) http://www.tncourts.gov/sites/default/files/docs/criminal_sentencing_stats_cy2014_draft_v2.pdf

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Update: Tennessee Driver License Reinstatement and Driving History

The Tennessee Department of Safety (TDOS) has updated their website to allow for individuals seeking a driver’s license reinstatement (e.g. following a revocation for a Tennessee DUI conviction) instant access to check the status of their driver’s license. This website will also allow for: Adding an Emergency Contact; Changing your Address; and the Ability to View any Reinstatement Requirements. Please keep in mind that you must have the following information in order to begin the process of accessing your driver’s license status: Tennessee Driver License/ID Number; Last Name; Last four (4) Digits of your Social Security Number; and Date of Birth. If you are unable to have access to the Internet, you may always call the TDOS at 1-866-903-7357. Tennessee drivers who have their license suspended or revoked should take advantage of this resource.

The Tennessee Department of Safety also provides resources for someone to obtain a copy of a Tennessee Driver Record/Driving History/ Motor Vehicle Record (or Tennessee MVR) online. You may also visit a full service Driver Service Center for a copy of your MVR (a list of these centers may be found here.) The following information on obtaining a copy of one’s driving record comes from the TDOS’s website:

You will need the following information to request your MVR online:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • Credit Card/Check card Payment of $7.00

 

If you choose to go to a Driver Service Center for a copy of your MVR you will need the following:

  • Name
  • Date of Birth
  • TN Driver’s License Number
  • $5.00 Payment

 

If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the MVR.

You may also request a copy of your MVR by mail by mailing your request to:

                                    Tennessee Department of Safety & Homeland Security

                                    MVR Request

                                    PO BOX 945

                                    Nashville, Tennessee 37202

Please take note there is a $5.00 charge for a copy of a three-year driving record.   You may either send a cashier’s check or money order made payable to Tennessee Department of Homeland Security. Please include the Driver’s Name; Birth Date; and TN Driver’s License Number. It will take about two weeks from the mailing date to receive the record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Where may I obtain a Tennessee Restricted Driver’s License?

In order to apply for a Tennessee Restricted Driver’s License, it is important to go to the correct Tennessee Department of Safety location. Not every Driver Service Center in Tennessee is authorized to issue a Restricted Driver’s License. For example, Knoxville has several Driver Service Center locations but only one (located at **Strawberry Plains) can process the appropriate paperwork to obtain a Restricted Driver’s License and has the ability to issue a temporary Restricted Driver’s License, valid for 90 days.

A helpful online tool is provided by the Department of Safety in order to save you time and effort when attempting to find which Driver Service Center location will issue a Restricted Driver’s License. This link will allow for you to search and determine which Driver Service Center in your area can issue a Restricted Driver’s License or fulfill other needs you may have (i.e.: Renew a Driver’s License, Take a Road Driving Test, etc.).

If you are in need of a Tennessee Restricted Driver’s License, many important steps and procedures are required. The attorneys at Oberman & Rice can assist you in the process of obtaining a Restricted Driver’s License. For more information regarding a Restricted Driver’s License and the requirements for obtaining a Restricted Driver’s License the lawyers at Oberman & Rice are available by calling (865) 249-7200. You may also wish to visit www.tndui.com for more information about a Restricted Driver’s License.

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Tennessee Motor Vehicle Driving Record (MVR) Now Available Online

Tennessee motorists can now obtain a Tennessee Driving History online.  As discussed in a previous post, Tennessee Driver License Reinstatement and Driving History, Tennesseeans were previously limited to obtaining this information by either submitting a request by mail or submitting a request in person at a Tennessee Driver Service Center.

A Tennessee licensee can obtain this Motor Vehicle Report (MVR), also often referred to as a Tennessee Driving History, by visiting https://apps.tn.gov/pmvr/.  The report costs $7, which may be paid by credit card or check card; however, a prepaid card is not an acceptable payment option.  The motorist will further need to provide the Driver name, date of birth, and Tennessee driver license number.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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Tennessee Driver License Reinstatement and Driving History

We are often asked how to obtain information from the Tennessee Department of Safety (TDOS) for driver license reinstatement (e.g. following a revocation for a Tennessee DUI conviction).  While one could certainly call the TDOS at 1-866-903-7357, the easier course of action is to check the status of a Tennessee driver license by visiting the TDOS website.  This is a wonderful resource for Tennessee residents whose driver license is revoked or suspended, however the following information is required to process a request: ; Last Name; Last Four (4)  Digits of your Social Security Number; and Date of Birth.

A related question is: how do I obtain a copy of a Tennessee Driver Record/Driving History/Motor Vehicle Record (also referred to as Tennessee MVR) online?   Tennessee does provide an option to obtain this report online.  A person may also obtain a copy of their MVR by visiting a full service Driver Service Center, a list of which can be viewed by clicking here.  The following information on obtaining a copy of one’s driving record comes from the Tennessee Department of Safety website:

You will need the following when requesting your record:

  • Name
  • Date of Birth
  • Driver License Number

If you want someone else to obtain a copy of your MVR for you, you must submit a notarized statement authorizing that person to obtain the record.

You may also obtain a copy of your driver record (also called a motor vehicle record or MVR) by mailing your request to:

Tennessee Department of Safety
MVR Request
PO BOX 945
Nashville, TN 37202

There is a $5.00 charge for a copy of a three-year driver record. A cashier’s check or money order should be made payable to the Tennessee Department of Safety. If mailing, allow two weeks from the mailing date to receive the driver record. The federal Driver Privacy Protection Act (DPPA) prohibits the release of personal identifying information from driver license and vehicle registration records unless an individual submits a form requesting their records be open.

The Oberman & Rice law firm often deal with issues surrounding Tennessee driver licenses, relating to Tennessee DUI offenses, as well as other traffic issues.  Should you have any legal issues surrounding your Tennessee driver license, our attorneys,  Steve and Sara are be available to speak with you and can be reached by calling 865-249-7200.

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

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 and Sara are available to answer questions about the consequences of a Tennessee DUI and may be reached by calling 865-249-7200.

 

 

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Knoxville Area Sobriety Checkpoints Begin Tonight

A media release from the Tennessee Highway Patrol dated December 27, 2012 details the agency’s statewide plan for New Year’s Eve DUI enforcement.  In addition to the “no refusal” enforcement discussed in my last post, THP also plans to implement several checkpoints between now and New Year’s Day.  These include not only sobriety checkpoints (DUI roadblocks), but also “no refusal” sobriety checkpoints and driver’s license checkpoints.

Tennessee Highway Patrol regulations generally require that every driver passing through a checkpoint location be stopped and questioned.  Troopers will be investigating for signs of drug and alcohol impairment.  If they suspect that you are under the influence, you may be asked to exit your vehicle and perform certain roadside tasks, often referred to as field sobriety tests.  Information about the dates and locations of the planned DUI checkpoints in the Knoxville area are included below and have been taken from directly from the Tennessee Highway Patrol press release.  Information for additional DUI roadblocks across Tennessee can be downloaded by clicking here.

Should you be arrested for DUI or arrested or cited for another criminal offense or traffic violation, it is important that you consult with a Tennessee attorney as soon as possible.  Our attorneys,  Steve and Sara, will be available to speak with you and can be reached by calling 865-249-7200.

DIST. 1 KNOXVILLE — No Refusal New Year’s Eve Checkpoints

Friday, December 28:

Checkpoint               County                   Road/Highway                             Time of Day

SOBRIETY                    BLOUNT                 O. KNOX HWY @ I-140 RAMP       LATE NIGHT

 Monday, December 31:

Checkpoint             County            Road/Highway                               Time of Day

SOBRIETY *               SEVIER            GOOSE GAP @ SUGAR LOAF RD        LATE NIGHT

DL CHECKPOINT    CAMPBELL      STATE ROUTE 116 @                           LATE MORNING

LITTLE COVE RD

SOBRIETY                  ANDERSON     SR 62 @ KNOX/ANDERSON              LATE NIGHT

CO LINE

SOBRIETY                  LOUDON         US 70 @ CREEKWOOD BLVD             AFTERNOON

Tuesday, January 1:

Checkpoint     County              Road/Highway                                               Time of Day

SOBRIETY*        KNOX                 STATE ROUTE 162 @ STATE ROUTE 62              LATE NIGHT

SOBRIETY*        SEVIER              WINFIELD DUNN PKWY @ DOUGLAS DAM             LATE NIGHT

SOBRIETY*        SEVIER              STATE ROUTE 66 @ STATE ROUTE 139                LATE NIGHT

SOBRIETY*        SEVIER              US 411 @ CHEROKEE CR                                      LATE NIGHT

SOBRIETY*        BLOUNT            I-140 @ STATE ROUTE 33                                   LATE NIGHT

*No Refusal DUI Checkpoint

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Knox County, TN Sobriety Checkpoints

The Tennessee Highway Patrol is planning sobriety checkpoints in Knox County, Tennessee.  These checkpoints are also frequently referred to as DUI roadblocks or DWI roadblocks.  Prior to administering such a DUI roadblock, the police (THP in this case) are legally required to advise the public of the location and times of the roadblock/sobriety checkpoint.

The lawyers at Oberman & Rice would like to repeat the information publicized by the Knoxville News-Sentinel in reference to the location and times of the roadblocks.  They are:  Friday, November 9, 2012 starting at 11:00 PM on Maryville Pike at Mt. Olive Baptist Church South; and Friday, December 7, 2012 starting at 11 p.m. on Oak Ridge Highway at Pellissippi Parkway.

Please be on the lookout for and drive cautiously near these DUI roadblocks.  There will likely be a lot of law enforcement personnel in the area.

Anyone detained and then arrested at a Tennessee Sobriety Checkpoint or Driver’s License Roadside Safety Checkpoint should immediately contact a Tennessee attorney familiar with DUI Roadblocks or Driver’s License Checkpoints.  For more information about the crime of DUI or about your legal rights relating to a Tennessee Highway Patrol roadblock, Steve and Sara are available by calling (865) 249-7200.

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

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 and Sara 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]

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