Tennessee DUI / DWI Questions & Answers

Q: Does defendant qualify for immunity under TN 63-1-156?

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
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. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.

Q: Person received DUI in Mississippi....would this count as 4th if he had 3 other DUIs from Tennessee 20 & 25 years ago?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Apr 6, 2019
Anthony Marvin Avery's answer
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 they will be able to count three prior offenses with that year spread. I would recommend exploring the possibility of pleading to a Second Offense DUI in Mississippi.

Q: My 1st DUI - my 1st anything. What happens if I do not have an attorney to represent me?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Mar 4, 2019
Cayley Turrin's answer
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.

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Feb 19, 2019
Anthony Marvin Avery's answer
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 devastating, but he might not be violated completely. Again hire a competent attorney now. Also many legal arrests are made within one's home.

Q: I need help with a dui case but I wasn’t drunk

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Jan 21, 2019
Anthony Marvin Avery's answer
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 original charge. Remember there will not be any simple pleas to Reckless Driving anymore.

Q: What is the max penalty for a first offense dui in Tennessee,,,,,, and what is the max on a FTA in misdamor court

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Answered on Jan 8, 2019
Anthony Marvin Avery's answer
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 possible even though you are not on the Docket.

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

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Answered on Dec 26, 2018
Cayley Turrin's answer
Yes. They are allowed to stop you for that.

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

2 Answers | Asked in DUI / DWI for Tennessee on
Answered on Dec 20, 2018
James R. Owen's answer
You should contact an experienced DUI lawyer. I would be happy to discuss your grandson's situation.

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

2 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Answered on Dec 9, 2018
Cayley Turrin's answer
Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Dec 3, 2018
Anthony Marvin Avery's answer
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.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
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.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
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.

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Nov 5, 2018
Anthony Marvin Avery's answer
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 chance you will lose your License and might have to obtain SR21 Insurance and a Blowmeter.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Nov 1, 2018
Anthony Marvin Avery's answer
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 revoked sooner, then you get indicted for this, DUI and other offenses, and it will be up to the Judge whether Implied Consent is violated and the exact Sentence. Again, hire a competent attorney...

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
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.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Sep 25, 2018
James R. Owen's answer
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.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Aug 21, 2018
Anthony Marvin Avery's answer
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 reason for the stop, then at Circuit Court, a Motion To Suppress can be filed and argued prior to Trial. You need a competent attorney now.

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

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Aug 14, 2018
Anthony Marvin Avery's answer
The District Attorney is probably asking you to plead guilty to more than one offense. And yes you can have several consecutive Sentences.

Q: What happens if you refuse a breathalyzer?

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Aug 6, 2018
Anthony Marvin Avery's answer
The District Attorney can quickly move to have your driving privileges in Tennessee revoked. Otherwise at Trial, the Judge alone decides whether a violation of Implied Consent occurred or not. With earlier revocations, the revocation period can be longer than one year. It is possible to be convicted of DUI and not Implied Consent, and vice versa. it is also possible for a Restricted License to issue for a year after the DA goes after you, and then you are convicted of DUI a year later...

Q: Tn dept of Safety: re-revoked my drivers license for a dui offense in 2011.

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Jul 23, 2018
Anthony Marvin Avery's answer
More than likely your previous paperwork from the DUI was never sent to the Department of Safety. I am talking about payment of costs/fines, DUI School, etc. Hire a competent attorney and do not ever blow off any Citations, etc. You will need a complete dossier of Paid In Full Receipts.

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