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Tennessee DUI / DWI Questions & Answers
1 Answer | 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... Read more »

Anthony M. Avery
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Anthony M. Avery
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.

1 Answer | Asked in Divorce, DUI / DWI and Personal Injury for Tennessee on
Q: I am attempting to divorce my wife and take custody of the child. However, my wife is threating suicide if I divorce.

My wife has conducted drunk driving and just did drunk driving again for the second time with my son. She got in a wreck with my child in the back seat. She also has been physically abusive to me by throwing candle holders and putting hands on me. I am in the military and I am trying to figure out... Read more »

Cayley Turrin
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Cayley Turrin
answered on Nov 28, 2022

You should talk to a divorce lawyer immediately.

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... Read more »

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Tennessee on
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age

yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my... Read more »

Jon David Rogers
Jon David Rogers
answered on Oct 30, 2022

The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school... Read more »

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: What can happen if someone violates probation for a second time?

My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22

Jon David Rogers
Jon David Rogers
answered on Oct 27, 2022

Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
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Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Got a Dui 1st 11 yrs ago, Dui 1st 3 yrs ago, and had another dui this year.Will I be charged with 2nd or 3rd offense?

All 3 took place in TN. The District attorney offered minimum sentence on DUI 3. MY lawyer didn't agree and post poned my court date.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 1, 2022

Almost certainly a #3rd Offense. Talk to your lawyer that represents you. You might get 30 to 60 days less incarceration with a pled 2nd and more than the minimum. Or you might try it and take a chance on serving 6 months or more. With a 2nd, it is a 2 year TNDL revocation.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I had a seizure on my way home in Gallatin Tennessee they charged me with my third DUI they went back a total of 20yr.

Also got simple possession. I'm 52 and take care of my disabled brother what should I do

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.

1 Answer | Asked in DUI / DWI and Health Care Law for Tennessee on
Q: I experienced a drug overdose. I was on the side of the road and when it happened, my foot came off the brake

It's a 5 speed truck and it rolled into the road. It wasn't started and was in the off position. They charged me with DUI and impeding traffic. Is this consistent with the law? I was curious because of the good Samaritan law

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 4, 2022

TN has always prosecuted anyone for DUI that had the capability of driving or the LEO suspected he had been driving earlier.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: How to get ignition interlock device remove by court
Anthony M. Avery
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Anthony M. Avery
answered on Jul 27, 2022

If you are finished with your 11mo/29 day Sentence, then file a Motion to end supervised probation and the interlock requirement for your TNDL. Take that Order to the people who monitor your blowing device so they will remove it. Then you have to make Dept of Safety happy to get your license... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights and Collections for Tennessee on
Q: If I offered to pay my fines and court fees in full and they refused the money because of an active FTA warrant and

Remaining Probation fee’s is there something I can do because they refused to take my money a

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 25, 2022

Hire an attorney to go to Court, Docket or not, and handle the entire problem at once.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: how much time do people with a dui and possession of a hand gun spend in jail on the first offense

arrested on a sunday and on monday their bond and second court date was announced. bond is $8500

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 21, 2022

Those are both A Misdemeanors, 11 mo 29 days each. The probable jail time of 48 hrs and a year probation are not the real problems. It is loosing your TNDL and having either conviction on your record. Hire a competent attorney and prepare for a Preliminary Hearing.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: recently charged with a dui while in my vehicle waiting for a lyft. The car was not running nor was it able to be driven

I had a blown tire. Was in a parking lot after drinks with friends. Called a lyft while waiting for said lyft in my car police came and arrested me. The car was not running and had a literal blown out tire so was not drivable at all.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 15, 2022

The State apparently believes that you drove the car earlier prior to it being inoperable. That is sufficient facts for the charge of DUI.

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for Tennessee on
Q: how can i be charged with a driving related offense if i was not even in the car upon the first officer arriving

dads truck broke down, left it in the driveway of someone to avoid leavings it in the middle of a public road. i walked down to the location of the car in middle of the night due to my brother mentioning the presence of flashing lights at the truck. Upon arriving walking up to the situation the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 6, 2022

Not sure of your question, but you have stated alot of facts on a public forum. If charged with DUI, that is your main concern. Hire a competent attorney to prepare for a Preliminary Hearing. Apparently your actions or statements caused the LEO's to think you had the capability of... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Can Implied Consent be expunged from my record in Tennessee? The DUI was dismissed. I have no fees or other charges.

It's been over 5 years since. I have no other court fees to pay and no other charges. The DA in Wilson County, Tn told me the Implied Consent charge couldn't be dismissed. After she done rigorous research on the topic, which took 3 days, she couldn't find the answer of why it... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jun 23, 2022

It can not be but the DA can put an order in that it can not be considered a misdemeanor and used against you.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If some one is charges with dui 3 and vehicle assault how long they stay in jail

Will have served over 60 days by court day

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 16, 2022

Mandatory Minimum of 120 days, and up.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I live in TN and was arrested for DUI first offense, and agreed to have a blood test to check for intoxicants. I was

Taken to an ambulance service where 2 EMTs both stuck me one time each, and were both unsuccessful with obtaining my blood. Will this be used against me somehow as possibly violation of the Implied Consent law? I don’t see how it could be considering I did not refuse, and voluntarily agreed to test

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 8, 2022

The DA will probably claim you refused the Test, which you should have. But you can contest that administrative suspension of your TNDL, and might be successful. Were you even charged with Implied Consent? Hire a competent attorney for a thorough Preliminary Examination now.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got DUI 7 2021 do I have to get interlock
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 22, 2022

Restricted License with the Interlock(blow meter) is only allowed for some 1st Offense DUI Convictions. What is your question?

1 Answer | Asked in DUI / DWI, Traffic Tickets and Juvenile Law for Tennessee on
Q: If my 15 year old son is driving and his dad has a beer open and drinking it, if they get pulled over what could happen
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 18, 2022

DUI By Consent, Underage Drinking, Contributing to Delinquency, Etc.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is it a law tgat I have to have a interlock device bc I refused a drug test. But offered to do a urine test?

Got pulled over for speeding..state trooper said i was on meth..after me telling him I took a 5 hour energy drink.. literally minutes before getting pulled over..he asked if I would let them draw blood where I stated I was deathly scared of needles..and then I offered to take a urine test and he... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 21, 2022

You were found in violation of Implied Consent. Apparently you did not try to get a restricted TNDL, so you have to now for the year to make DOS happy. Refusal of the test is a violation. However it is much better than getting convicted of DUI, so you were correct in refusing.

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