Driving Under the Influence in Tennessee
DUI Lawyer with 25 Years of Experience in Chattanooga, TN
Conviction of driving under the influence of alcohol (DUI) in the state of Tennessee is not something to take lightly. Even a first DUI offender can face serious penalties. If this is your second, third, or subsequent conviction, the consequences can ramp up that much more. For example, a second offense DUI in Tennessee carries a mandatory minimum jail time of 45 days, extending up to 11 months, 29 days - the maximum sentence allowed for a misdemeanor.
The fines associated with a second offense can range between $600 and $3,500. Your license will automatically be revoked and installation of an ignition interlock device (IID) required. Additional penalties such as community service hours and vehicle impoundment may be enforced. Third and subsequent DUI convictions will result in even more drastic punishments. If you have been charged with a DUI in Tennessee, it is critical that you move quickly to obtain the defense you need by hiring an experienced Chattanooga criminal defense lawyer.
Developing DUI Issues in Tennessee
State v. Cooper: The Tennessee Supreme Court finds in Cooper that two judgments of conviction are not permissible for DUI and DUI per se (0.08 percent or higher BAC) in a single indictment alleging a single act.
Previously - the court notes in State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001) - the Court of Criminal Appeals held that double jeopardy precludes two separate judgments of conviction for DUI and DUI per se if they are based upon a single episode.
State v. Bizzoco: This is an appeal of a guilty plea in Hamilton County Criminal Court of defendant's plea to DUI, vehicular
homicide, and vehicular assault. The facts involve a two car head-on accident near the roundabout on Signal Mountain Road, resulting in two fatalities. One victim was a passenger in the defendant's car, and the other victim was the driver of the second vehicle. Others in both vehicles, including the defendant, were seriously injured. The blood alcohol content for the defendant was 0.17 percent.
State v. Partin: In this Sequatchie County case before Judge Smith, the defendant pled guilty to first offense DUI and reserved a certified question of law for appeal to the court of criminal appeals. The CCA dismissed the appeal and found that the question was too broad and therefore the court was without jurisdiction.
Pending DUI Legislation in Tennessee
DUI Offenses - As introduced, lowers the DUI enhancement that would require an ignition interlock device (IID) from 0.15 percent to 0.08 percent and removes the DUI enhancements that would require an ignition interlock relative to implied consent. HB0138
DUI Offenses - As introduced, increases the classification of the offense for DUI with a child in the car from a Class A misdemeanor to a Class E felony; requires the court to report to the department of children's services the name of any person convicted of DUI who, at the time of such violation, was accompanied by a child if the person was the parent or legal guardian of such child. HB0141
DUI Offenses - As introduced, increases the minimum time that a driver's license may be revoked for third, fourth, and subsequent DUI convictions from three and five years to six and eight years. HB0394
DUI Offenses - As introduced, increases the application fee for a restricted license, after having a driver license suspended based on a failure by a driver to submit to tests determining blood alcohol content (BAC), from $20.00 to $50.00; increases the fine for both the offense and the delinquent act of underage driving while impaired from $250 to $500. HB0446
DUI Offenses - As introduced, allows person issued a restricted driver license to drive to and from a doctor's office, hospital, pharmacy, or other location to obtain necessary medical care or to obtain an item for which the person has a prescription. HB0582
DUI Offenses - As introduced, increases the penalty for the offense of boating under the influence (BUI) of an intoxicant to approximate DUI penalties. HB0610
DUI Offenses - As introduced, provides that if a person with a prior DUI commits another one and is being released on bail, rather than denying bond because the defendant poses a danger to the community, the court or judicial commissioner may set conditions on the bond to eliminate the danger posed by the defendant. HB0718
Criminal Offenses - As introduced, creates a per se DUI offense for driving with Schedule I or II drugs in a person's system unless the person has a valid prescription for the Schedule II drug. HB0942
DUI Offenses - As introduced, requires a court prior to accepting a guilty plea or a verdict or finding of guilty for a violation of Section 55-10-401, to review the defendant's official driver record maintained by the department to determine the factual basis for determining whether a defendant is a repeat or multiple offender. HB1275
DUI Offenses - As introduced, requires an officer to immediately cause a driver to submit to a test to determine the alcohol or drug content of the driver's blood if the officer has probable cause to believe that the driver was driving under the influence and such driving resulted in an accident causing injury or death to another. HB1894
Call the Proven Criminal Defense Attorneys at Davis & Hoss, PC
If you have been accused of a DUI, act quickly to secure the legal representation you need to protect your reputation and your interests. Our lawyers have more than 25 years of combined experience, and in that time they have tried close to 200 jury trials in various locations around the United States. If you have a question about the pending legislation mentioned above and how it could affect your case, contact Davis & Hoss, PC today for a free
case evaluation at our Chattanooga law office.
View the firm's profile at FindaDUIAttorney.com.