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Tennessee DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Tennessee on
Q: i was convicted of a class A misdemeanor (dui) in the state of Tennessee in the year 2019 can i still work at a daycare
Anthony M. Avery
Anthony M. Avery answered on Jun 28, 2021

To my knowledge a DUI Conviction does not affect such employment. If you have some sort of License, and there is a complaint, you might have to deal with that Regulatory Agency.. Tennessee is a Terminate At Will State anyway.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What can you expect if you have your 4th DUI?
Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

It is a Class E Felony and at least 150 days in jail, with a $ 3K Fine. Hire a competent attorney. You may not have much to lose by trying it. Reducing it to a non felony 3rd offense might be the best solution.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a DUI be expunged
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

A TN DUI Conviction cannot be expunged. Sometimes a good lawyer can mitigate the consequences of a bad background.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can I get my husband released on house arrest for the 2nd dui
Anthony M. Avery
Anthony M. Avery answered on Apr 27, 2021

The mandatory minimum is 45 days in jail. You did not state the Sentence, but sometimes a lengthier Sentence can include in house rehabilitation, and possibly other things. Going home is not an option however. He should have thought about the Sentence when the Judge was considering it.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got DUI. 8 years ago and I received 11/ 29. Paper. Did no finish it and had. Flat out on that do I stell owe fines or

Took care of when I felted sentence out

Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2021

Not sure of your question. You might call the Court Clerk about the remaining fines/costs owing, especially jail costs.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I need proof of fines paid for dui
Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2021

You get the Paid In Full Receipts from the Court Clerk wherever you were convicted of DUI. It help[s to go there in person with your Docket Numbers. Call the Court Clerk first to make sure you have the right Court. Older Convictions can take longer than recent ones.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My DUI was 26 years ago, I have just recently paid my reinstatement fees and wonder do I still need to go to DUI school?

I have been incarcerated for 24 years, and noticed the DOS states they wanted me to pay $240 reinstatement fees and go to DUI school. Just paid the $240, but I am told I may not need to go to DUI school since it was so long ago.

Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

You can apply for the TNDL, but when they deny it, ask why. DUI School Certificate will probably be required, especially since DOS has already demanded it. DOS issues the license, not the Courts.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: Is Tennessee allowed to revoke/suspend another states' license?

Second question: Why do I have a Tennessee DL/ ID Number if I've never lived in that state?

I received my conviction there however, this doesn't make any sense. I have paid the courts and completed all requirements for my conviction. I also paid a reinstatement fee to the state... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2021

I am not sure of your problem. But you will have to take this up with the Department of Safety, which you apparently have just touched the surface of. Hire a competent attorney to look into this. It does not appear you will be able to do this without counsel, all needed documents and whatever... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you recieve more than one title 40 in your lifetime
Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

What is your question? TCA Title 40 contains many, many Statutes. And noone "receives" it.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a driving with a open container charge be dropped
Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

It is definitely possible. You might get Diverted. It would help if it wan an illegal stop involved. Hire an attorney as that will be on your record.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What if I got a DUI for .5 oxycodone in my system, do I still have to get the Interlock? And I'm not longer in Probation

But still have Fines to pay. I don't have a vehicle but plan to get one soon and get my license reinstated.

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

If you were convicted of DUI, usually the only way to get a TNDL until the entire Sentence is completed and paid, is to apply for the Interlock Device. If you do not have an attorney, then you might ask the Court Clerk to assist you in applying for the Judge's Order. Then you have to... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you please help me to find an attorney that will represent my dui case in Claiborne county Tennessee
Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

I go to Claiborne County all the time. You can call me.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: My husband was arrested on feb13 for dui..sheriff took him for blood draw. I bonded him out on 14th. Yes he had

Heroin in his system.Came to our home and arrested him on. Feb 18 for a drug charge. Why did they rearrest him? He had no drugs in car or on his person on dui arrest. Can they file a warrant for what was in his blood?

Shanone Emmack
Shanone Emmack answered on Feb 20, 2021

No they cannot arrest him for a drug charge because he had drugs in his system. He had to be in possession of them. There must be more to it. I recommend you call the clerk's office and get a copy of the affidavit of complaint and see what it says. I also recommend you hire an attorney to... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My last dui was 28 years ago and I need a license in Tennessee what will I have to do to get one?
Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

Hopefully it was reported to DOS that you completed all sentencing requirements. However the DOS will probably want at least a driver's test and a reinstatement fee. If proof of the sentencing completion is required, you will have to go the Court in which you were convicted to get... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Why would a police officer let someone go if they believe their dui and they fail the field sobriety test
Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

There may be many reasons. I doubt that you know what exactly occurred. Ask again if you know the facts.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My son's probation for DUI is up on Nov.15.He has not done his 48 hours of public service. What is likely to happen?
Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

He could be found in violation of probation. At the least he will not be eligible for TNDL reinstatement. He needs to contact whoever he is supposed to see about the service, and get it over with.

1 Answer | Asked in DUI / DWI and Civil Rights for Tennessee on
Q: Can u be arrstd4Dui when not in the vehicle? But tryn2get help4tryn2 kill their self got scared &went2the CCDC4help?

He got scared changed his mind he was off his mental meds cop tlkd2 him ask wat doing he was tryn2tellem when was told hands behind his back4a patdown4 thier safety cop cuffs him then 3-4all was assultin him@same time he's cuffed then in the garage it's on video slammed his face/head n2a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2020

Yes, it happens alot. The LEO needs some evidence that the suspect was driving the vehicle earlier. Then he puts together his proof of intoxication, and he gets a Warrant for DUI. Your Friend needs a competent attorney to prepare for a thorough Preliminary Hearing.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is there any law against faking a drugtest for probation

for me to fake a drugtest for my probation officers ???

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

Yes... a Misdemeanor.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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