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Tennessee DUI / DWI Questions & Answers

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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on

Q: Under tn law can a state trooper stop a big truck for a mud flap violation?

Cayley Turrin answered on Dec 26, 2018

Yes. They are allowed to stop you for that.

2 Answers | Asked in DUI / DWI for Tennessee on

Q: I am looking for an attorney to possibly help my grandson with a dui but I need someone who will accept payments.

He is in Putnam co tn

James R. Owen answered on Dec 20, 2018

You should contact an experienced DUI lawyer. I would be happy to discuss your grandson's situation.

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2 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on

Q: What about if someone has a dui and 2 vehicular assault charges all at once

Cayley Turrin answered on Dec 9, 2018

Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.

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1 Answer | Asked in DUI / DWI for Tennessee on

Q: Can a police officer legally take my license even before I've been convicted of a DUI?

Anthony M. Avery answered on Dec 3, 2018

No he cannot. However the DA at any Hearing prior to the Grand Jury can Move the Court to Revoke your License. However multiple offense DUI's can be different.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: How can I get car insurance after a drunk driving conviction? Will it just be super expensive?

Anthony M. Avery answered on Nov 20, 2018

SR-22 Insurance is usually required in order to apply for a License, restricted or otherwise. And it will be more expensive than other drivers without a DUI.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: Husband was hospitalized after a single car accident that left him unconscious. Refused the troopers blood test later.

He did have a serious concussion and head injury when the Trooper asked for a blood test in the ER. Should he expect a license suspension, or more? Am I correct that even though the hospital checked his BAC, that result can not be accessed by investigators?

Anthony M. Avery answered on Nov 20, 2018

Prior to the Grand Jury, the State can, and usually will, move to revoke the TNDL. The Blood Test is subject to Subpoena. You can Move to Quash, but it will probably be denied. Hire a competent attorney and get ready for the Preliminary Hearing.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: I worked 12 hours i am a rn working on a hospice unit. I took a ambien because i needed to sleep to work again.

Got ready for work and had a wreck. I was arrested for dui. I had a blood test that showed 400ng/ml of ambien.If i took extra i sure don't remember. Ambien causes amnesia so i sure don't know. Will i still be brought for dui. I work caring for dying patients and i love it but it can be a... Read more »

Anthony M. Avery answered on Nov 5, 2018

The Auto Wreck is circumstantial Evidence of DUI. You should not have took the Blood Test. There may be something a competent attorney can do at the Preliminary Hearing, or even at Circuit Court, but your facts are bad. Call some good lawyers and ask their advice, but there is an outstanding... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on

Q: I refused the blood test - is there any way to appeal the license suspension?

Anthony M. Avery answered on Nov 1, 2018

Hopefully you have not already had the opportunity for a Preliminary Hearing. Hire a competent attorney to represent you. It is up to the DA to move the Court to take your License. There may be problems with how it was requested or the arresting officer might not be available. If your DL is not... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on

Q: Can a grad school reject an application for admission on the basis of a DUI that's 10 years old?

Daniel P Leavitt answered on Oct 16, 2018

This is probably more of a civil law questions and I don't know what state you applied for graduate school in but I don't see why they could not consider your entire record (education and other) in making admission decisions.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: If I intend to plead guilty to a DUI, is there any benefit of hiring an attorney to represent me?

James R. Owen answered on Sep 25, 2018

Yes a lawyer can help you even if you plan to plead guilty. However, most importantly a lawyer can advise you as to whether or not you should plead guilty or not guilty. You should contact an experienced DUI lawyer.

1 Answer | Asked in DUI / DWI for Tennessee on

Q: Can you use discrepancies in a DUI police report, if it says that I crossed the fog line whenever there wasn't one?

I've noticed going through logic as a former Correctional Officer at a State Prison that there is a simmular need to cover your tracks in the Arresting officers' report, but it has shown unreasonable to me that this arresting officer actually typed in the police report that I crossed the fog line,... Read more »

Anthony M. Avery answered on Aug 21, 2018

Certainly. But it might help to prepare for a Preliminary Hearing at Sessions if that is where you are at. Your lawyer cross examines the officer that made the stop, and you possibly put in pictures at that road area showing no fog line exists in your lane of travel. If that was the alleged... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on

Q: On a a second offense DUI how can they offer two years probation after 45 days is that legal

Because second offense DUI is maximum 1129 don't understand how they can try to give you two years paper

Anthony M. Avery answered on Aug 14, 2018

The District Attorney is probably asking you to plead guilty to more than one offense. And yes you can have several consecutive Sentences.

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