DUI Laws

When a cop stops you and starts questioning, don’t take it all too casually. It may very well be the first step in a DUI (Driving Under Influence) charge. Understanding the Tennessee laws pertaining to drunk driving is imperative for all residents and travelers. Here is a quick look at the legal aspect of the matter.

You must take into consideration, however, that this knowledge would never suffice if you actually face a charge. In such a situation, you need assistance from a competent lawyer to avoid later legal hassles and penalties.

When do you commit a DUI? You could face a DUI charge if you were operating, or in control of, a motor vehicle under the influence of alcohol/drugs on a spot (road, lane, alley, parking area, etc) frequented by individuals.

What happens if your driving was not impaired? Tennessee laws do not require the prosecution to prove that your driving was impaired. All they need to prove is that you had a blood alcohol content of .08 or higher at the time of the stop. Blood, breath and urine tests determine this level.

What happens if you don’t submit to the tests? You have the right to refuse these tests. However, there is a downside to this. If you face a conviction later, this refusal could add to your civil penalties.

What happens if the drug was a physician prescribed one? Interestingly, you won’t be spared even if you were under influence of a doctor prescribed drug. The laws of the state do not take into account this factor.

What type of offense is it? As per DUI law in Tennessee, these offenses are in the category of misdemeanors. However, the 4th or subsequent offense is a felony. Other DUI related offenses in the felony category are as follows:

*    Vehicular/Aggravated Vehicular Assault
*    Vehicular Homicide
*    Child Endangerment

What penalties would you face? This depends on the seriousness of the offense and the particulars of your case. However, conviction may result in jail term, fines, driver’s license revocation, DUI School admission, installation of ignition interlock device, vehicle forfeiture, etc.

When do you talk to a lawyer? As soon as you face such charges, get in touch with a lawyer proficient in TN DUI laws. Delaying this could hamper the defense. Only a lawyer can evaluate the case and understand which defense would suit the specific circumstances of your case.

Originally published here.

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