Archive for August, 2011

The Implied Consent Violation Restricted Driver’s License

Most motorists who have violated the Tennessee Implied Consent law by refusing to submit to a blood, breath or urine test during a Tennessee DUI arrest, will be eligible to obtain a Restricted Tennessee Driver’s License.  The Restricted TN Driver’s License for the Implied Consent Violation offender must include both day and time restrictions, as well as geographic restrictions.  The permitted geographic restrictions include locations associated with:

  • Employment;
  • College or university;
  • A court-ordered alcohol program;
  • Ignition interlock monitoring appointments;
  • Meetings with probation officer;
  • Regular place of worship;
  • Scheduled litter pick-up; and
  • Outpatient alcohol/drug treatment program.

It is important to note that not all of these locations will apply to every motorist. A judge in the county in which the offense occurred, or in which the motorist resides, must approve and sign an Order for Restricted Driver License, detailing the permitted locations.  Even then, the locations, days and times are subject to final approval by the Tennessee Department of Safety.

In light of the recent changes involving Tennessee Ignition Interlock Device laws, 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? Unfortunately, the answer is no.  When the changes were implemented permitting licenses to be issued without restrictions (as long as the motorist installed an ignition interlock device), the new law did not allow the issuance of a license without geographic restrictions for licenses revoked for violation of the implied consent law.

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The Overlooked Costs of a Tennessee DUI Charge

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.

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