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Tennessee DUI / DWI Questions & Answers
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
Anthony M. Avery 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: 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
Anthony M. Avery 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: 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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

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... Read more »

Anthony M. Avery
Anthony M. Avery 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 DUI / DWI for Tennessee on
Q: If you had a dui. Do you have to go through all of that stuff if you don't want a driver license just an id?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But DOS issues ID Cards and will require Birth Certificates or your old TNDL, at least. And completing a DUI Sentence is usually not required, but could cause other problems.

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... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. 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...
Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Good afternoon. 14 month ago I was convict of 1st offense Dui. The way I work, I am never in the state for 4 consecutiv

Mondays to take the safety classes. Is there an amount of time with license suspend that will exclude those classes

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Not sure of your question. But required DUI Classes are given across this State, and at different times/days. You probably need to find another DUI Class in another County. Your Sentence will require every requirement completed within 11mo/29 days, period.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can/how you get work release when you have a 120 day sentence for dui3?
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

Yes... Your lawyer needs to ask the DA and the Judge to include this as part of your Sentencing or Judgment. It is at the Court's discretion, but many Counties are not set up for Work Release. If you already are convicted, then your lawyer might still make a Motion. Make your lawyer do his job.

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Tennessee on
Q: After 28 year old dui and being reinstated. But was on DL s/r/c can the state make you pay to get it back
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2020

Not sure of your question, but the DOS can charge money and require payment in full of convicted violations in order to receive driving privileges.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My husband was pulled over driving on revoked license revoked over dui,s he has to turn hisself in 9/23 this is 1st off

It has been 4,5 yrs since the dui,s were dropped to a 2nd p.o finished and quit drinking this revoked 1 is the only trouble.... what time is he looking at

Anthony M. Avery
Anthony M. Avery answered on May 29, 2020

He needs to get his Driver's License now. The DUI with all its Sentencing and Insurance requirements, and costs must be met. If he is in Florida then he needs to do what it takes to get a Florida Driver's License. There is plenty of time here, get it done, then go to Court. Most... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for Tennessee on
Q: The Notice of Seizure says that the officers has 5 working days to obtain a Forfeiture warrant.

This happened May 5th and the 5 days has passed to get the warrant. By Law what is the best steps to take now and should my property be returned to me

Anthony M. Avery
Anthony M. Avery answered on May 27, 2020

Hire a competent attorney who knows what Civil Forfeiture is. You must file a cash Bond and demand a Hearing before the DOS immediately. If DOS does not get involved, then you have to sue the Seizing Agency for Conversion, but it is still a GTLA proceeding. If the property is not worth much,... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: Can you go back two years later and take driving school for reckless driving to get it off your record?

I was pulled over two years ago for reckless driving I paid the ticket but didn't go to court. I lost my job over this ticket recently and want to get the points off is there a way I can just take a driving course and get my points off?

Anthony M. Avery
Anthony M. Avery answered on May 22, 2020

Probably not as you have already been convicted. But the points are recorded for the last 12 months on your MVR, so that Speeding Violation's Points should have already been cleansed from the system. That is the Conviction will always be on your Record, but the Points should be gone by now.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: interlock system

I am an Army Veteran. Months before I got out of the Army I got a DUI, I retained a lawyer and got my charges down to reckless driving and state minimum fines and my license suspended for a year. I have completed the year and I have also paid all of my fines to the state of Tennesee. Here is my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 23, 2020

You need to get your attorney on your Case to do his job. Depending on the Court you were in, either a Judgment of Conviction or the General Sessions Warrant with the Disposition should contain all of your Sentencing requirements. If necessary hire a competent Tennessee attorney to get certified... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: do i still have to get an interlock for my car? i havent had a license since my dui in 2007. just now paid all fines .

i currently am in the process of getting them after 13 years! looks like after all this time i wouldnt have to have it or take a dui class either? havent had any more trouble since then an dont drink anymore.

Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2020

Very doubtful, as the blow meter is for a restricted license. Whatever the case, you have to do what the Department of Safety says you have to do. It does not make any difference what you or some court clerk think you have to do. Take the time to get the DOS to give you a full list,... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: In TN is it prosecutable to be convicted of driving with less than 0.05 if/ml of diphenhydramine in your system?

BAC Was 0

Everything on drug test was not detected EXCEPT diphenhydramine. Not even sure if that’s a standard drug to test for.

He took one half of a Benadryl (that’s the drug). He was tired and his allergies were bad. That’s all nothing more.

It was cold out, late... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2020

I do not know what that drug is, but the State can claim anything in your system influences your driving. And there is a threshold amount for Sentencing purposes for Alcohol only, with no particular amounts making a difference for drugs. So TN can probably charge you with DUI with that in your... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Simple possession carries how long behind bars
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Eleven Months and Twenty Nine Days is possible. Hire a competent lawyer, and get the Charge Diverted, Dismissed and Expunged. That Conviction will destroy you later on. Do not get a PD.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Hello. My husband has been charged with dui x3 felony evading arrest what could be his punishment in tn
Cayley Turrin
Cayley Turrin answered on Feb 17, 2020

On the DUI 3rd alone it is 120 days in jail at 100%. I highly suggest you get him an attorney immediately.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you get in trouble for being a passenger and consuming liquor in a car
Anthony M. Avery
Anthony M. Avery answered on Jan 30, 2020

Yes. Open alcohol beverage, Public Intoxication, etc.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: im on last month of theft under 500 probation and got public intox yesterday will i go back to jail. ive had zero viola

my theft charge was a misdemeanor theft under $500 . i got arrested in walmart last night on suspicon of being drunk . they didnt give me any tests. paid $270 to get out of jail and i wont have a court date because it said i pled guily . ive paid all my fines for my previous charge and im on my... Read more »

Cayley Turrin
Cayley Turrin answered on Jan 25, 2020

You have technically still violated your probation and there is a chance you will go to jail because of it.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Taken my Dui to criminal Court and told there is additional jail time past my 48hrs how much time if conv. 7 days min?

Told there was additional jail time because I decided to fight it in criminal Court, and if I don't take the guilty plea and still found guilty I will have to finish my 48hrs and have more time added? bac wasn't over.20 so what am I looking at 7 days minimum. I know the max

Anthony M. Avery
Anthony M. Avery answered on Jan 16, 2020

You already know...7 days to serve, on a 11 mo/29 day Sentence. But you also have all the First Offense DUI requirements which are extensive and expensive. At Criminal Court you can file Motions, like Suppression, Discovery, Bifurcated Trial, etc. Giving BAC was a mistake, but maybe consent... Read more »

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