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Tennessee DUI / DWI Questions & Answers
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

James L. Arrasmith
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answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

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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

James L. Arrasmith
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answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

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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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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 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 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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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?

Brandon D. Fersten
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Brandon D. Fersten
answered on Jun 20, 2023

Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general... View More

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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, Municipal Law and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

Brandon D. Fersten
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Brandon D. Fersten
answered on Jan 12, 2023

If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: Is there a statue of limitations on a dui in tn?

I was arrested 12/3/21 for dui. Since my 1st court date my case has been postponed because the arresting officer has been away on military leave. I'm getting ready to go back to court soon. When I go back it will have been over a year. Is it possible to ask to have the case dismissed?

Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 13, 2022

The SOL may have been met by the Arrest Warrant. However, you should have your lawyer review the arrest warrant to make sure each element of the offense is supported by factual details. If an element of DUI is not supported factually within the arrest warrant then your lawyer can move for the court... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: Got a DUI 3 yrs ago. 1st offense. I don’t have a vehicle to put the interlock on, so no license. What can I do?

DUI was 3 yrs ago. No accident or any damage. I was very compliant. Was given absolute minimum punishment including unsupervised probation from day one. In the states database I am eligible to get my license. But I don’t have a vehicle in my name to put the interlock device on so TN will not even... View More

Anthony M. Avery
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answered on Dec 7, 2022

Interlock is only for a restricted license. There must be some part of the

Sentence you did not comply with. Hire an attorney to deal with Department of

Safety. Insurance requirement will be tough since it must apply to any vehicle drove.

You may have to demand a DOS Hearing.

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: Got a DUI 3 yrs ago. 1st offense. I don’t have a vehicle to put the interlock on, so no license. What can I do?

DUI was 3 yrs ago. No accident or any damage. I was very compliant. Was given absolute minimum punishment including unsupervised probation from day one. In the states database I am eligible to get my license. But I don’t have a vehicle in my name to put the interlock device on so TN will not even... View More

Brandon D. Fersten
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Brandon D. Fersten
answered on Dec 9, 2022

Unfortunately, although an ignition interlock is not a requirement of a DUI conviction in Tennessee, as the other attorney eluded to, it is a requirement that you have an ignition interlock on a vehicle for one year to be eligible to get your license reinstated. As such, to get your license back... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: Police at the scene did not issue a ticket or ask for info can I be given a ticket at a later date for DUI
Jon David Rogers
Jon David Rogers
answered on Nov 2, 2022

Charges can be filed against you at any point within the statute of limitations. However, due to the highly-science-dependent nature of DUI prosecution, if you were not administered field sobriety tests at the scene, nor were you administered blood draws, which were sent to TBI, it is unlikely the... View More

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