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Tennessee DUI / DWI Questions & Answers
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

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

Anthony M. Avery
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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: Case is against 2 tn troopers.wat is my best defense for dui, intent to distribute meth(1gr&4baggies)weapons charge

I felt very manipulated and coerced and it felt like i was set up

James L. Arrasmith
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answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,...
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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

Anthony M. Avery
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answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can i get pulled over cuz cop says my lights are too bright even though they are perfectly legal? Charges get dropped?

I went passed him and then he turned around and said I had my brights on but I did not and now got dui, drug, and weapons charges. All because he said my headlights were too bright but they are perfectly legal, I bought them from Amazon. I don't understand how I can be pulled over just because... View More

Anthony M. Avery
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answered on Jan 8, 2024

Hire an attorney to file a Motion To Suppress Evidence due to an illegal stop. You will need to question whether the lights broke a Rule of the Road Statute.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got caught with a gram of meth, and some used baggies. The cop is charging me with intent to distribute. Why?

I've never been arrested for anything, now being charged with dui, intent to distribute, and I had my gun with me, and a pair of brass knuckles and am being charged with those too.

Anthony M. Avery
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answered on Jan 8, 2024

The circumstances give probable cause for a felony charge. Simple possession is almost never charged. Hire a competent attorney to prepare for a Preliminary Hearing. Time for a new phone and a steady job.

3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for Tennessee on
Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!

Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?

Reid DeChant
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answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI. I was given no field sobriety test or breathalyzer, and there was nothing in my blood.

I was arrested in a Walmart parking lot after someone called 911 thinking I had overdosed. The ambulance came, and wanted to check me out so I let them. After I got out of vehicle the cops were there, and immediately took me to jail on DUI charges. I was given no field sobriety test or a... View More

Anthony M. Avery
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answered on Oct 11, 2023

Do not plead guilty to DUI as it is a decent case. The hospital blood test might help, but the prescribed drug in your system will be used by the DA. It is possible that an objection to its admissibility might be successful. I would be concerned about what you said to the LEOs, and whatever... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My fiancee just got arrested Friday for a warrent on failure to appear on a dui charge he got in I believe 2021.

He was bonded out but given wrong court date. And arrested. He went to court and it was thrown out. He has been pulled over for driving on revoke license couple times since and even arrested but no warrent showed up . He in last month just went and got his license back. How is that possible... View More

Anthony M. Avery
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answered on Jul 24, 2023

He needs to hire a competent attorney to represent him on the DUI. And he probably needs to contact DOS and see what is going on with his TNDL. For some reason he does not appear to have a valid DL.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Individual is arrested for dui, jailed, bailed out on weekend with arraignment on Monday , but has no lawyer yet

He was unable to make phone call in jail and when bail was made attorneys were unavailable. Court date I'm 9 Monday morning. Should he enter a plea of not guilty until counsel is avaiable

Anthony M. Avery
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answered on Jul 17, 2023

If asked for a plea, then plea not guilty. He needs to hire an attorney to represent him, not a PD.

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
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answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
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answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

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1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
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answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Question about V.o.p. and driving on revoked.

2021 I got a dui. Put on 11/29 probation. Got an extension last yr. It's almost up. My dui class is April 29th. I got caught driving on revoked an go to court over it this Thursday. Also, I have a warrant for v.o.p for failing a drug test. (Got drunk an made bad decisions, never again even... View More

Anthony M. Avery
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answered on Apr 10, 2023

There is a good chance that you will be incarcerated for the remainder of your Sentence. Are both Convictions in the same County or Judicial District? If not, you might get lucky on the DUI. Do not get any more Probation extensions. That was a mistake. Hire an attorney, not a pd.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was convicted of dui 4th in Davidson C0 Tn. Just finished my 150 days in jail. I never got a letter stating dl was rev

I just finished my 150 days for dui 4th. They didn't make me surrender my license at the time. I was told to get intoxalock in vehicle and pay my fines. It has been 8 months since conviction and I have never gotten a letter from homeland security stating my license have been revoked etc. My... View More

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answered on Apr 10, 2023

This is a public forum. You need to consult with an attorney to see what are possible consequences of driving. Driving on a Suspended License would be very bad, but getting another DUI would at least be a trip to prison.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If someone doesn't go to rehab after being released on furlough and is then captured what is the amount of time they

Could expect to get? The original charge was a DUI 1st offense probation violation and had criminal impersonation as the most recent offense. They only had a little over a month left if they were to just serve the remainder of their sentence followed by 6 months of probation. They are a 3 time... View More

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answered on Mar 14, 2023

He will probably have to serve the remainder of the Sentence incarcerated.

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