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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Can Implied Consent be expunged from my record in Tennessee? The DUI was dismissed. I have no fees or other charges.

It's been over 5 years since. I have no other court fees to pay and no other charges. The DA in Wilson County, Tn told me the Implied Consent charge couldn't be dismissed. After she done rigorous research on the topic, which took 3 days, she couldn't find the answer of why it... Read more »

Cayley Turrin
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Cayley Turrin
answered on Jun 23, 2022

It can not be but the DA can put an order in that it can not be considered a misdemeanor and used against you.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If some one is charges with dui 3 and vehicle assault how long they stay in jail

Will have served over 60 days by court day

Anthony M. Avery
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Anthony M. Avery
answered on Jun 16, 2022

Mandatory Minimum of 120 days, and up.

0 Answers | Asked in DUI / DWI for Tennessee on
Q: It's been 5 years since I was charged with a DUI, and implied consent in Tennessee. Can implied consent be expunged?

I have paid all court costs and fees. My record is clear of any other charges. The DA in Wilson County Tn says the implied consent will remain on my record and can not be expunged. Is this true or is there a way to get it off my record?

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I live in TN and was arrested for DUI first offense, and agreed to have a blood test to check for intoxicants. I was

Taken to an ambulance service where 2 EMTs both stuck me one time each, and were both unsuccessful with obtaining my blood. Will this be used against me somehow as possibly violation of the Implied Consent law? I don’t see how it could be considering I did not refuse, and voluntarily agreed to test

Anthony M. Avery
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Anthony M. Avery
answered on Jun 8, 2022

The DA will probably claim you refused the Test, which you should have. But you can contest that administrative suspension of your TNDL, and might be successful. Were you even charged with Implied Consent? Hire a competent attorney for a thorough Preliminary Examination now.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got DUI 7 2021 do I have to get interlock
Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

Restricted License with the Interlock(blow meter) is only allowed for some 1st Offense DUI Convictions. What is your question?

1 Answer | Asked in DUI / DWI, Traffic Tickets and Juvenile Law for Tennessee on
Q: If my 15 year old son is driving and his dad has a beer open and drinking it, if they get pulled over what could happen
Anthony M. Avery
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Anthony M. Avery
answered on Apr 18, 2022

DUI By Consent, Underage Drinking, Contributing to Delinquency, Etc.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is it a law tgat I have to have a interlock device bc I refused a drug test. But offered to do a urine test?

Got pulled over for speeding..state trooper said i was on meth..after me telling him I took a 5 hour energy drink.. literally minutes before getting pulled over..he asked if I would let them draw blood where I stated I was deathly scared of needles..and then I offered to take a urine test and he... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 21, 2022

You were found in violation of Implied Consent. Apparently you did not try to get a restricted TNDL, so you have to now for the year to make DOS happy. Refusal of the test is a violation. However it is much better than getting convicted of DUI, so you were correct in refusing.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have a misdemeanor DUI/DWI 4 years ago. But still got denied on background check. When will I be able to buy a gun?
Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

Most DUI convictions do not cause a firearm disability. Just because you cannot pass the instant check does not mean you cannot arm yourself and purchase from an individual. Hire a competent attorney that knows firearms to look at your convictions and so advise.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can I do my 120 days at home with a schram bracelet. It's only thing that's made me quit so far.

3d offence dui an driving on suspended.

I do take care of my twins and my father he has brain damage and is suicidal. Memory loss

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

Your lawyer can ask for it, but that Crime carries a 120 mandatory minimum Sentence, and will be denied to at least that extent.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Tn. Standing on my private property. Police charge me with DUI. Got me to confess to driving. I was very intoxicated.

Neighbor claims they saw me drive. The police did not see me , video me ,or have any proof . They got me to give a drunken admission. Is this legal on my private property. Do I have any leg to stand on?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 28, 2022

Apparently you have already confessed to driving. So a strong DUI charge has been made. A good lawyer may find other problems though, which is his job. Prepare for a thorough Preliminary Hearing, and stay out of trouble.

1 Answer | Asked in DUI / DWI and Wrongful Death for Tennessee on
Q: If you are a family member of the victim that was killed in a dui vehicular homicide and told the da you didn’t want to

Do a plea deal and they do it anyways does that violate victim rights

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 22, 2021

No, that is the State's Case. I am sorry for your loss...

1 Answer | Asked in DUI / DWI for Tennessee on
Q: How do you go about receiving a copy of Dui completion certificate?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 15, 2021

As far as dui school, you ask them for the certificate. For Court costs and fines, you get a receipt from the clerk or a statement. Community Service also gives you a certificate or statement. You will need to approach each outfit yourself for help. Sometimes DOS can be very picky about what... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have had my drivers license back for over 4 years now after a dui. State is saying I now need interlock for 6 months.

Got my license back over 4 years ago. Non restricted valid class d license. State of Tn is now saying I need to insatall an interlock for 6 months. Why wasn’t this needed to get my unrestricted license in the 1st place 4 years ago.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 18, 2021

DOS issues the TNDL, so you have to do what they say.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Do I have to pay all restitution for dui befor I can get my license back or can I pay installments
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 17, 2021

Probably Costs and Fines have to be paid, not Restitution, prior to eligibility for

Reinstatement. Numerous Sentencing requirements must usually be satisfied. You will have to examine your Judgment on the Warrant or Conviction to find specific requirements, and then meet them. Also...
Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Hubby on prob for DUI 1st as of 3/3/21. KY car accident on 02/19/21. Will KY charge for that wreck violate TN probation?

(A charge like reckless driving)

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 3, 2021

Husband will probably not be charged with VOP as the Court and/or Probation Officer will usually not find out about another State's Misdemeanor charges. It is possible however, and if it happens of course his lawyer can argue it happened prior to the Probation Sentence running. Inform his... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: can you get a DUI in a shopping cart
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 20, 2021

If the cart is motorized, yes.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Tennessee on
Q: i was convicted of a class A misdemeanor (dui) in the state of Tennessee in the year 2019 can i still work at a daycare
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2021

To my knowledge a DUI Conviction does not affect such employment. If you have some sort of License, and there is a complaint, you might have to deal with that Regulatory Agency.. Tennessee is a Terminate At Will State anyway.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What can you expect if you have your 4th DUI?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2021

It is a Class E Felony and at least 150 days in jail, with a $ 3K Fine. Hire a competent attorney. You may not have much to lose by trying it. Reducing it to a non felony 3rd offense might be the best solution.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a DUI be expunged
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 18, 2021

A TN DUI Conviction cannot be expunged. Sometimes a good lawyer can mitigate the consequences of a bad background.

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