Posts Tagged Out-Of-State Conviction

Can A Prior Out-Of-State Conviction Be Used Against You?

If my prior DUI conviction was in another state, can it be used in Tennessee to charge me with a second offense DUI?

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]


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