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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Health Care Law for Tennessee on
Q: Seeking waiver for interlock device due to medical condition in Tennessee

I have been required to install an interlock device in my car, but due to Chiari One Malformation, I experience severe symptoms when attempting to blow into the device, feeling like I'm going to pass out. What steps can I take to request a waiver for the interlock device, and will medical... View More

Anthony M. Avery
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answered on Apr 22, 2025

No. the statute ,mandates the blow meter. You will have to find a way to get that meter working if you are going to drive. TNDL is a privilege not a right.

2 Answers | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Can misdemeanor drug charges be dropped if no prescription for testosterone?

I was stopped on the interstate and initially charged with aggravated assault, which was dropped because the person involved was uncooperative. During the stop, an officer found testosterone and needles in my truck, leading to drug possession and paraphernalia charges. I do not have a prescription... View More

Anthony M. Avery
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answered on Mar 26, 2025

Probably not as it was apparently a lawful stop. And the search was incident to the arrest. Hire a competent TN attorney to represent you and maybe you can get it diverted.

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: Can I avoid interlock device for non-alcohol DUI?

I received a DUI in 2017, completed my 11/29 sentence, paid all fines, and complied with all aspects of my sentence. My DUI was for falling asleep while driving and not related to alcohol. Although I've never installed an interlock device and I'm no longer on probation, I'd like to... View More

Anthony M. Avery
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answered on Mar 17, 2025

No, that is a requirement for the restricted license.

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1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Tennessee on
Q: Can one interlock device count for two people in TN DUI cases?

I live in Tennessee, and both my wife and I have DUI convictions. We have both waited past the two-year suspension period, paid our fines and court costs, and completed DUI classes. We are considering installing an interlock device on one vehicle, which is registered in only one of our names, to... View More

Anthony M. Avery
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answered on Mar 1, 2025

Not going to work. Monthly certification is required.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was convicted of a non-alcohol DUI on 11/20/24 got interlock installed but on Jan 8 25 judge signd new order for remo

Removal. So I acquired sr22 got my restricted license. Sent these new court orders and copy of restricted license. Around 1/9/25 was the 1st time I sent the removal order to Intoxalock at the email provided and received a auto reply email showing they’ve received it and 24 to 48 hours they... View More

Anthony M. Avery
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answered on Jan 22, 2025

Get your lawyer involved.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

Anthony M. Avery
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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Had accident in 2022 DUI charge now 2024 just got notice of citation warrant any advice?
Anthony M. Avery
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answered on Oct 22, 2024

Citation or Warrant? Misdemeanor or Felony Charge? Hire a competent attorney to represent you. Passage of time may help on evidence or even the SOL. Do not discuss what happened except with your retained counsel.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Tennessee on
Q: if you can get your drivers license in tennessee can you set up payment plains if still owe court cost
Anthony M. Avery
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answered on Oct 7, 2024

You might talk the Court Clerk into a conditional release upon payment, which will require approval of the DOS. They do not have to. Easier to pay in full and get the TNDL.

2 Answers | Asked in Legal Malpractice and DUI / DWI for Tennessee on
Q: If I magistrate refuses the report because he wanted a search warrant the policeman is it legal to change the report

The police was trying to get a search warrant to take my blood and he wrote the report the way everything happened but because I was not driving the magistrate turned the report down and refused to give a search warrant so then the policeman came back outside got in the car and totally changed the... View More

Anthony M. Avery
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answered on Oct 2, 2024

If a SW was issued for your blood, then a Motion To Suppress will probably fail but might be worth trying. If your statements are not used in evidence against you, then the lack of mirandizing is irrelevant.

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1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Tennessee on
Q: I got charged with a dui the cop said we’re driving under the influence of smoking marijuana. They found marijuana in

Car which which is my mother‘s car and my family has been trying to get rid of me since my fiancé died and I’ve been staying at my grandmother‘s house. It was not my marijuana and I don’t smoke. I took a blood test and my medication’s are fine. I’ve been on them for a while, I just got... View More

Anthony M. Avery
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answered on Sep 29, 2024

You should never give a blood test. Any chemicals in your system will be used as evidence of influenced driving. Hire a competent attorney, and quit thinking your prescriptions are legal for driving.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was given a citation for DUI in 2016. I failed to appear, as there was no date on my citation to appear. I was not

booked just sent home and told that they'd be in touch. I also did implied consent and they drew my blood anyway. I spoke with a paralegal who said it didn't matter that it wasn't on the citation that they would have told me I had 10 days. I was never told that. If I can have the... View More

Anthony M. Avery
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answered on Sep 25, 2024

Hire an attorney to turn you in at Court, probably off the Docket. Your TNDL is probably suspended. Have money ready to pay fines and costs. This is not something you can do yourself obviously.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got my license suspended 7 years ago for a DUI and I paid it off and paid reinstatement fees and still can't get it.

All fines and court costs have been paid as well as the reinstatement fee ... But they still want sr22 and I can't afford it ... But I thought that requirement expired after 3 to 5 years.

Anthony M. Avery
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answered on Sep 11, 2024

You can argue with DOS, but they issue the TNDL. Insurance is always a requirement.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
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answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I'm eligible for my driver's license and have all my requirements completed but my court judgement says I can't drive?

My judgement says that can't drive even with a valid driver license...my license status online says that I'm eligible with interlock device. It doesn't say revoked

Anthony M. Avery
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answered on Aug 2, 2024

I am not sure what your problem is. If convicted of DUI, you should be eligible to get a blowmeter device and then your TNDL. Usually you do this yourself, but you may have to get the Judge to amend the disposition on the Warrant or Judgment. If you do not have an attorney, call me.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is the max daily storage fee a towing company is allowed to charge for a vehicle towed due to a DUI in Clinton, TN?
Anthony M. Avery
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answered on Jul 8, 2024

To my knowledge there is no statutory max fee. Sometimes the County Commission will set towing fees paid out upon a County request. Call the Anderson County Mayor.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have been paying on my second dui. And they said I have to pay everything in full before I can get a restricted ID?
Anthony M. Avery
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answered on Jun 21, 2024

DOS issues TNDLs, so you have to do whatever they want to get a driving license.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested in my front yard for DUI, having been home for almost two hours will this stand up in court?

I refused to take a breathalyzer as I was not driving

Anthony M. Avery
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answered on Jun 12, 2024

You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If I drank a miller lite beer 15 min before a blood alcohol test, what would my level on the test show

And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system

Anthony M. Avery
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answered on Apr 24, 2024

Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I owe $15,000 dollars for DUI,s, if I start making monthly payments on them will the state of Tennessee give license
Anthony M. Avery
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answered on Mar 29, 2024

Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More

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