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Tennessee DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Tennessee on
Q: Is Tennessee allowed to revoke/suspend another states' license?

Second question: Why do I have a Tennessee DL/ ID Number if I've never lived in that state?

I received my conviction there however, this doesn't make any sense. I have paid the courts and completed all requirements for my conviction. I also paid a reinstatement fee to the state... View More

Anthony M. Avery
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answered on Mar 19, 2021

I am not sure of your problem. But you will have to take this up with the Department of Safety, which you apparently have just touched the surface of. Hire a competent attorney to look into this. It does not appear you will be able to do this without counsel, all needed documents and whatever... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you recieve more than one title 40 in your lifetime
Anthony M. Avery
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answered on Mar 8, 2021

What is your question? TCA Title 40 contains many, many Statutes. And noone "receives" it.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a driving with a open container charge be dropped
Anthony M. Avery
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answered on Mar 4, 2021

It is definitely possible. You might get Diverted. It would help if it wan an illegal stop involved. Hire an attorney as that will be on your record.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What if I got a DUI for .5 oxycodone in my system, do I still have to get the Interlock? And I'm not longer in Probation

But still have Fines to pay. I don't have a vehicle but plan to get one soon and get my license reinstated.

Anthony M. Avery
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answered on Feb 25, 2021

If you were convicted of DUI, usually the only way to get a TNDL until the entire Sentence is completed and paid, is to apply for the Interlock Device. If you do not have an attorney, then you might ask the Court Clerk to assist you in applying for the Judge's Order. Then you have to... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you please help me to find an attorney that will represent my dui case in Claiborne county Tennessee
Anthony M. Avery
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answered on Feb 22, 2021

I go to Claiborne County all the time. You can call me.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: My husband was arrested on feb13 for dui..sheriff took him for blood draw. I bonded him out on 14th. Yes he had

Heroin in his system.Came to our home and arrested him on. Feb 18 for a drug charge. Why did they rearrest him? He had no drugs in car or on his person on dui arrest. Can they file a warrant for what was in his blood?

Shanone Emmack
Shanone Emmack
answered on Feb 20, 2021

No they cannot arrest him for a drug charge because he had drugs in his system. He had to be in possession of them. There must be more to it. I recommend you call the clerk's office and get a copy of the affidavit of complaint and see what it says. I also recommend you hire an attorney to... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My last dui was 28 years ago and I need a license in Tennessee what will I have to do to get one?
Anthony M. Avery
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answered on Dec 15, 2020

Hopefully it was reported to DOS that you completed all sentencing requirements. However the DOS will probably want at least a driver's test and a reinstatement fee. If proof of the sentencing completion is required, you will have to go the Court in which you were convicted to get... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Why would a police officer let someone go if they believe their dui and they fail the field sobriety test
Anthony M. Avery
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answered on Nov 16, 2020

There may be many reasons. I doubt that you know what exactly occurred. Ask again if you know the facts.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My son's probation for DUI is up on Nov.15.He has not done his 48 hours of public service. What is likely to happen?
Anthony M. Avery
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answered on Nov 9, 2020

He could be found in violation of probation. At the least he will not be eligible for TNDL reinstatement. He needs to contact whoever he is supposed to see about the service, and get it over with.

1 Answer | Asked in DUI / DWI and Civil Rights for Tennessee on
Q: Can u be arrstd4Dui when not in the vehicle? But tryn2get help4tryn2 kill their self got scared &went2the CCDC4help?

He got scared changed his mind he was off his mental meds cop tlkd2 him ask wat doing he was tryn2tellem when was told hands behind his back4a patdown4 thier safety cop cuffs him then 3-4all was assultin him@same time he's cuffed then in the garage it's on video slammed his face/head n2a... View More

Anthony M. Avery
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answered on Oct 13, 2020

Yes, it happens alot. The LEO needs some evidence that the suspect was driving the vehicle earlier. Then he puts together his proof of intoxication, and he gets a Warrant for DUI. Your Friend needs a competent attorney to prepare for a thorough Preliminary Hearing.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is there any law against faking a drugtest for probation

for me to fake a drugtest for my probation officers ???

Anthony M. Avery
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answered on Oct 12, 2020

Yes... a Misdemeanor.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... View More

Anthony M. Avery
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answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... View More

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
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answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Probation with VOP and recent dui results

My boyfriend is on probation and already has one VOP. We recently got into an accident which resulted in him recieving a DUI. We can not afford to pay his attorney to get him out of this trouble but he makes too much money to get a court appointed attourney. What can I do to help him?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Aug 24, 2020

You have a constitutional right to an attorney. Petition the Judge to give you a Public Defender or appointed attorney. With what you meantioned, I would not go to court without an attorney.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: can a off duty cop that was at the same bar i was call in and have a officer stop me before i get out of the parking lot

and be charged with a dui

Anthony M. Avery
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answered on Aug 24, 2020

Absoultely... That is not the first time that has happened. You need to hire a competent attorney to file a Motion To Suppress for an Illegal Stop... Hopefully you drove okay.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I am 50 and my girlfriend is 20. Can we drink in a hotel room in Pigeon Forge/Gatlinburg, Tennessee?

Are we likely to have a problem if we stay in the room, she doesn't drive, and we do not appear intoxicated in public?

Anthony M. Avery
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answered on Jul 27, 2020

21 is the legal age for alcohol in TN, so it is illegal. You can be arrested for Contributing to her Delinquency, and she goes to Jail for Underage Consumption.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got a DUI in 2010 I'm just now applying for my driver's license I passed the test but they're saying I have to have a

Ignition interlock for 6 months how can they do that when the law wasn't even in effect till 2013 my DUI was 2010 this is 2020 DMV says I have to have it because I had to DUIs within a 5-year. Well it was 2006 and 2010 I don't think that law existed then what can I do I just had it... View More

Anthony M. Avery
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answered on Jul 14, 2020

DUI is a very expensive crime. Many times the lawyer's fee is the cheapest part. If you are getting out of SR-22 expenses, then you are doing alright. DOS issues the TNDL, and you have to do what they say, right or wrong. Driving is a privilege, not a right. If you can, get a DL... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: It seems like if you are accused of dui....they gave to test you for the drug. Field sobriety are not reliable .

If they took you to a hospital and didn't blood test or urine test their wouldn't that make the whole accusation of DUI non- reliable

Anthony M. Avery
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answered on Jul 14, 2020

Not sure of your question. But DUI Defense is usually very difficult and you use everything there is to defend your Client. No one fact is ever conclusive Evidence on DUI's. And many, many Defendants are convicted with only the LEO's observation of driving and the FST's.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Question about first offense DUI.

I was charged in Jan. 2019 with DUI first offense and am still fighting it as of July 2020. I have not been convicted. In March of 2020, I was charged in a different county with DUI first. Since I have not been convicted of any DUI yet, could they both wind up as DUI first offenses if I am... View More

Anthony M. Avery
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answered on Jul 6, 2020

That happens quite frequently. It depends on whether the second in time DA and Judge agree to your plea offer. You need to hire a competent attorney to represent you, and stay out of any more trouble.

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: Is it more likely that I am facing jail time or probation?

I am 19 facing a DUI charge. I made the terrible decision to drive after I was drinking with some friends. I did not really know my limit; therefore, I was too intoxicated. Prior to that I smoked marijuana so I know that both substances will appear in my blood sample. The violation listed on my... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 30, 2020

I would hire a competent local criminal defense attorney. At a very minimum, you will spend 48 hours in jail, perhaps more with the marijuana charge. You will have to attend a DUI class and pay fines and court costs.

If you want a license, you will have to pay for an ignition interlock...
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