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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was charged with a dui after leaving the scene of an assault against me. Immediately after. I have no record

A neighbor called 911 and I could not find my phone to call the police. I did not know the neighbor had called. I was assaulted by 3-4 individuals

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

What is your question? Driving Under the Influence is not excused by leaving an attack. If there is a friendly witness available, the DA might be more understanding. But I doubt it. Hire a competent attorney to put together a thorough Preliminary Hearing. The assailants are not going to help... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can I get a refund for the money I spent on a silver DUI after my blood work came back clean and it was thrown out
Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

Refund from who or what? And what is a "silver DUI"? Your question makes no sense, but it appears you were extraordinarily lucky and need to move on. You can still be Indicted within 1 year from the incident, which your lawyer should have told you.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Plead guilty dui 2nd offense in TN. Current license & resident in AR. Will AR license be revoked or just TN rights?

Following conviction received notice from TN Homeland Security that license, driving privilege, & privilege to obtain license is revoked per 55-50-501. Further states it is illegal for any resident or nonresident to drive in tn under a license issued by another jurisdiction. It request submittal... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

TN Department of Safety can only suspend the License it issues. But the Court and/or DOS can (and usually does) notify the issuing state of the DUI Conviction here. Your lawyer should have already told you this way prior to the conviction. If your License is not suspended, you still cannot... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I need to show the consequences, when caught, to my step-son for driving while smoking marijuana, he already has a DUI
Brandon D. Fersten
Brandon D. Fersten answered on Nov 3, 2019

I would explain to your step-son that he can be charged and convicted of a DUI for driving while smoking marijuana. It is a common misconception that you can only be convicted of DUI for drinking and driving. The DUI statute makes it a crime to drive or be in physical control of a motor driven... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I have a dui/ child neglect charge is that a Misdemeanor or felony
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It could be either or both. A lawyer would need to read your Warrants, and then possibly look up the Statutes.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My son who doesn’t live in knoxville has a dui charge there. He has a warrant now bc he wasn’t there for court. What now

He is a recovering addict, he needed to get out of Knoxville to change his life for the better or he was going to die. He’s been in trouble before but completed his probation. The dui is from him OD in the car. How can he straighten this up living in another state? He doesn’t have the money to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

He will have to come back to Knox County to face the DUI Charge. I assume it is still at General Sessions. At Court the Warrant would have to be brought in (since he is not on the Docket), him arrested and booked, Bond set and hopefully made (so he could get out of jail), then him and the lawyer... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have been charged with a DUI in Tennessee and I have some questions

What is the fines and punishment of 1st offense DUI

Anthony M. Avery
Anthony M. Avery answered on Oct 2, 2019

Initially at least 48 hours of jail, DUI School, License Revocation, at least a $ 350 Fine, and other requirements and Costs. Usually the cheapest part is hiring a competent attorney, as there may be defenses or the damage control might be significant. But be aware, few lawyers will really... Read more »

1 Answer | Asked in DUI / DWI and Child Support for Tennessee on
Q: I don't know how it works but I'm on my 4th dui. My 1st was when I was 16 and was charged underage. I haven't done jail
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2019

You are charged with a serious Felony. Hire a competent attorney immediately. You may be able to attack the earlier convictions, so that sentencing will not be a Felony. Obviously you need to get ready for a Preliminary Hearing and possibly later, Trial. If the State does not agree to a 2nd or... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: i have a dui question Initially got it in AZ but now live in TN

I did not finish my interlock (1 year) in AZ, but did finish all other requirements including 15 days incarcerated. Do I have to have an interlock in Tennessee? For 12 months?

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

You need to talk to your Arizona Lawyer. Possibly you have violated your Probation Order. However you should be able to drive anywhere with the Interlock Device. If you are found driving without it, it will be bad.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I got charged with a dui and reckless driving an open containers. However upon the trooper arriving I was not in my car

It had ran out of gas so I was walking to get gas.

Cayley Turrin
Cayley Turrin answered on Sep 9, 2019

You should hire an attorney immediately for your case as there may be some defenses for it.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is there a statue of limitations on unpaid dui/dwr fines from the nineties in Tennessee?

No drivers license is holding me back from getting good jobs. Can I discuss a settlement with the local courthouse? I paid what I could afford and with having to settle for low paying jobs in this area, the rest is still on the books. Without the thousand for reinstatement, what I have left is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 20, 2019

You might try Legal Aid who might try to get some Costs executed. I do not believe the Department of Safety will help you. Whatever they say you have to do is what has to be done, right or wrong. DOS issues the TNDL. Sometimes people go to other States for DL's.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: Is it,possible to plea,for,medical reasons. To receive no jail time.

Being charged with Dui. 2nd offense. Non alcohol related. Due to medication. Do not know blood results. Arrested. Taken to,jail. Bonded out. Probation violation. Within 5 days was fighting for my life... Flesh eating bacteria. Strep and 2 others. Had,life saving surgery and facial reconstructive... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

You need an attorney that is competent. Medical problems have no effect on sentencing. You probably need to prepare for a Preliminary Hearing, and if indicted, try to get a 1st Offense or try it as you have little to lose. Prescribed Medication is worse than alcohol as there is no standard on... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was cited w/ Simple Poss. of marijuana on my boat but it wasn't mine and I don't smoke. Should I hire an attorney?

TWRA boarded my boat because (they said) we were shuffling around, but the citation says they could smell pot, they never told us they could smell anything. There was a one hitter with marijuana residue in it, in a ziplock bag, in a bag then in a big bag sitting in front of me so. What kind of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2019

It sounds like the TWRA Officer left you off easy. It would be advisable to hire a competent attorney to get the charge Diverted, Dismissed and Expunged. Otherwise, whether it is a conviction or not, the background check will look like you are an addict and/or/dealer.

3 Answers | Asked in DUI / DWI for Tennessee on
Q: I recently got charged with dui 2nd offense and probably facing jail time. What is there to avoid jail time?
Anthony M. Avery
Anthony M. Avery answered on May 17, 2019

2nd Offense DUI is a mandatory minimum of 45 days in Jail. Going to Jail is not free, there will be a large fine, and there are numerous expenses. The fees for an attorney are usually the cheap part of this expensive crime. Hire a competent attorney to represent you, as this is not a job for a... Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Does defendant qualify for immunity under TN 63-1-156?

Defendant found by police, legally parked and unconscious. Administered naltrexone and taken to UT where he submitted to lab tests. Has been sitting in jail for months with dui in Knoxville and vop in Murfreesboro. Wishes to file habeas under TN 63-1-156. First offense.

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2019

That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial.... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Person received DUI in Mississippi....would this count as 4th if he had 3 other DUIs from Tennessee 20 & 25 years ago?
Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2019

You have requested advice from the wrong venue. That is a Mississippi question although it is likely a Fourth Offense DUI would result in Tennessee. The Mississippi Prosecutor may have trouble obtaining certified copies of the three Tennessee DUI Judgment of Convictions. But it is probable that... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My 1st DUI - my 1st anything. What happens if I do not have an attorney to represent me?

I’ve never been arrested, I do not have a criminal record. I’m terrified of any of this. I no longer have an attorney.

Cayley Turrin
Cayley Turrin answered on Mar 4, 2019

DUIs are a very confusing and daunting field. I would suggest hiring one as there are possibilities to getting it dismissed and someone can help you through the voluminous paperwork involved.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My dad got arrested for PD but they arrested him inside his home and no proof of him outside. And he's on parole.

He was in his own home not bothering anyone. Cop showed up knocked on the door and arrested him inside his home.. The arresting officer was involved in my boyfriends child custody case last year I've been told that him being arrested in his home is illegal

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2019

Your Father being on Parole could be a huge problem. It is possible someone set him up to violate his Parole. He should immediately hire a lawyer to contest the Public Intoxication charge. Hopefully he has not already plead Guilty, as is often the case on PD. Such a conviction could be... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I need help with a dui case but I wasn’t drunk
Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2019

You need to hire a competent attorney now. Before you meet with him, write out everything (every detail exactly) that happened before, during and after the Stop. Make payments, barter, whatever it takes to get a good lawyer that will not just promise everything and then plead you guilty to your... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: What is the max penalty for a first offense dui in Tennessee,,,,,, and what is the max on a FTA in misdamor court

The FTA is from missing the court date for the DUI

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2019

You are looking at a possible one year Sentence and numerous other requirements. The costs alone are large. Hire a competent attorney now to bring you to Court, set aside the Forfeiture and set it for a Preliminary Hearing. The Bondsman will also be looking for you. Get to Court as soon as... Read more »

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