Posts Tagged Tennessee DUI Penalties

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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Ignition Interlock Device Requirements Under the New Tennessee DUI Laws

Below is a brief outline of some of the most frequently asked questions regarding ignition interlock device requirements as a result of the new Tennessee DUI Laws that became effective July 1, 2013 and apply to those arrested for a Tennessee DUI on or after that date.

Is an ignition interlock device (IID) now required with every DUI conviction?

The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.

What are the IID requirements with a DUI 1st offense conviction?

The use of an IID is not required with every Tennessee DUI conviction.  Rather, one of the prerequisites listed below must be present to require the use of an IID.  For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present.  Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.

When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:

  1. The person’s blood or breath alcohol concentration is .08% or higher;
  2. The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
  3. The person was accompanied by a person under the age of 18 at the time of the DUI offense;
  4. The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
  5. The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
    1. Implied consent under Tennessee Code Annotated § 55-10-406;
    2. Underage driving while impaired under Tennessee Code Annotated § 55-10-415;
    3. The open container law under Tennessee Code Annotated § 55-10-416; or
    4. Reckless driving under Tennessee Code Annotated § 55-10-205, if the charged offense was Tennessee Code Annotated § 55-10-401.

It should be noted that even if not required by statute, judges have discretion to order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license. A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations. However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.

What are the IID requirements with a DUI 2nd or greater offense conviction?

If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license.  However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.

Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?

A refusal under the Implied Consent law does not automatically trigger the requirement for an IID.  In fact, no ignition interlock device is required unless the person (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.

Anyone arrested for DUI (driving under the influence), or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.  For more information about the crime of DUI or about Tennessee ignition interlock device requirements, Steve and Sara are available by calling 865-249-7200.  You may also wish to visit www.tndui.com for more information about the offense of driving under the influence in Tennessee.

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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; 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?  Unfortunately, Tennessee does not currently provide an option to obtain this report online.  A person must visit 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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DUI Vehicle Forfeiture: What you should know if you receive a “Notice of Seizure”

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 and Sara 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)]

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DUI: Misdemeanor or Felony?

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 and Sara at (865) 249-7200 if you have any DUI-related questions.

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

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The New Implied Consent Violation Restricted Driver’s License

As discussed in a prior post, The Implied Consent Violation Restricted Driver’s License, 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? Thanks to a new Tennessee DUI law, effective July 1, 2012, some motorist will be able to obtain a restricted driver’s license without geographic restrictions in this instance.  Tennessee law now permits a judge to order an ignition interlock device for the Tennessee Implied Consent Violation restricted driver’s license.  It must be noted, however, that the judge further has the discretion to require both an ignition interlock device and geographic restrictions.

If you would like more information about Tennessee DUI Laws, the Tennessee Implied Consent Violation (also known as a chemical test refusal), or a Tennessee Restricted Driver’s License, feel free to contact our office at (865) 249-7200. You may also wish to visit our websites to learn more about driving under the influence in Tennessee, or about the Oberman & Rice law firm.

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Tennessee Laws Get Tougher

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:

  1. A Court Order;
  2. A search warrant; or
  3. 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.

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Consequences of a TN DUI Conviction – Part 2

In this week’s podcast, host and Knoxville DUI attorney Steve Oberman presents Part 2 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.  This episode focuses on the potential effects of a Tennessee Driving Under the Influence (DUI) in Tennessee on parental rights and immigration status.

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.  For issues surrounding parental rights and the status of non-citizens, our attorneys can also refer you to Tennessee attorneys knowledgeable in these areas of law.

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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.  Part 1 of this series, Collateral Consequences of a TN DUI Conviction – Part 1, can also be heard by clicking here.

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

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.  

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