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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I got a dui in TN , and decide to not drive for the year cause suspended license . Mandatory to have interlock?year?

Is it mandatory to have an interlock when I get reinstated although my year suspension is completed

Anthony M. Avery
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answered on Oct 29, 2024

Not eligible for DL until all requirements of DUI Sentence and DOS requirements are met. Call DOS and ask what is needed. Blowmeter is for that type of license, so you might get out of it with a reinstatement after Sentence completed. SR22 Insurance should still be a requirement. DOS... View More

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
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answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Daniel Woodard
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answered on Aug 26, 2024

In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested in my front yard for DUI, having been home for almost two hours will this stand up in court?

I refused to take a breathalyzer as I was not driving

Anthony M. Avery
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answered on Jun 12, 2024

You do have some good defenses since you refused the test. And you might not even lose your TNDL administratively for 1 year since TN has to prove you were the driver or allowed an intoxicated person to drive. Hire a competent attorney to prepare for a rigorous Preliminary Hearing.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was arrested for a first time public intoxication I spent 4 hrs in jail and was a $100 fine can I have it expunged?

I have had no previous record before

Carla Grebert
Carla Grebert
answered on Apr 1, 2024

The short answer is "not yet." Any offense that was dismissed is immediately expungable. However, convictions are different.

This conviction will be expungable five years after you complete the sentence for it, provided you meet certain requirements. You must have no...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I owe $15,000 dollars for DUI,s, if I start making monthly payments on them will the state of Tennessee give license
Anthony M. Avery
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answered on Mar 29, 2024

Consult with an attorney after you personally contact the DOS. You will probably need to do most of this yourself, but advice or representation to get paid in full receipts may be needed. There are alot of factors involved, especially completion of all Sentence requirements which you have... View More

2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

James L. Arrasmith
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answered on Feb 24, 2024

While challenging the validity of the traffic stop and the use of Quantum Language Parse Syntax Grammar may be possible avenues for defense, success in having your case thrown out depends on various factors, including the evidence presented and the arguments made in court. Challenging jurisdiction... View More

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2 Answers | Asked in Criminal Law, DUI / DWI and Civil Rights for Tennessee on
Q: If I get pulled over for swerving, when in fact I wasn't swerving at all, can my case be thrown out.

Can I challenge proper use of Quantum Language Parse Syntax Grammar?

Can I challenge jurisdiction?

And should I appear as special witness for myself?

They found drugs in the car.

Amount unknown it wasn't my car or my drugs.

They also gave me a dui.... View More

Anthony M. Avery
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answered on Feb 23, 2024

Hire an attorney now to prepare for a preliminary hearing, and and motion to suppress evidence if indicted. If the stop and search are legal then your lack of admission is not needed. That is probably a felony besides the DUI which takes your TNDL. Work, stay out of trouble and probably time... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I was sentenced for dui in 2013 and was sentenced twice on same charge violated probation that was terminated in TN

2013 I had DUI I plead guilty was sentenced and put on probation I violated probation for not going to probation and then was sentenced again and probation was terminated one yr later I caught a charge and was sentenced to 6 mo for vop that I was no longer on and was terminated court records have... View More

Anthony M. Avery
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answered on Feb 20, 2024

Why did your lawyer not move to dismiss the redundant conviction? Whether the convictions were in General Sessions or Criminal Court has some bearing on how to address it. But apparently you did nothing but go to jail. You might correct the record now and expunge the nonexistent conviction,... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: Case is against 2 tn troopers.wat is my best defense for dui, intent to distribute meth(1gr&4baggies)weapons charge

I felt very manipulated and coerced and it felt like i was set up

James L. Arrasmith
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answered on Jan 13, 2024

In a case involving DUI, intent to distribute meth, and weapons charges, your best defense would typically depend on the specific circumstances surrounding your arrest. To strengthen your defense, consider the following:

1. Consult with an experienced criminal defense attorney in Nashville,...
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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

Anthony M. Avery
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answered on Jan 8, 2024

LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

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2 Answers | Asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee on
Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

James L. Arrasmith
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answered on Jan 13, 2024

In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement... View More

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3 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Traffic Tickets for Tennessee on
Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!

Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?

Reid DeChant
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answered on Dec 17, 2023

Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Had accident in 2022 DUI charge now 2024 just got notice of citation warrant any advice?
Anthony M. Avery
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answered on Oct 22, 2024

Citation or Warrant? Misdemeanor or Felony Charge? Hire a competent attorney to represent you. Passage of time may help on evidence or even the SOL. Do not discuss what happened except with your retained counsel.

1 Answer | Asked in Traffic Tickets and DUI / DWI for Tennessee on
Q: if you can get your drivers license in tennessee can you set up payment plains if still owe court cost
Anthony M. Avery
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answered on Oct 7, 2024

You might talk the Court Clerk into a conditional release upon payment, which will require approval of the DOS. They do not have to. Easier to pay in full and get the TNDL.

2 Answers | Asked in Legal Malpractice and DUI / DWI for Tennessee on
Q: If I magistrate refuses the report because he wanted a search warrant the policeman is it legal to change the report

The police was trying to get a search warrant to take my blood and he wrote the report the way everything happened but because I was not driving the magistrate turned the report down and refused to give a search warrant so then the policeman came back outside got in the car and totally changed the... View More

Anthony M. Avery
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answered on Oct 2, 2024

If a SW was issued for your blood, then a Motion To Suppress will probably fail but might be worth trying. If your statements are not used in evidence against you, then the lack of mirandizing is irrelevant.

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1 Answer | Asked in Cannabis & Marijuana Law and DUI / DWI for Tennessee on
Q: I got charged with a dui the cop said we’re driving under the influence of smoking marijuana. They found marijuana in

Car which which is my mother‘s car and my family has been trying to get rid of me since my fiancé died and I’ve been staying at my grandmother‘s house. It was not my marijuana and I don’t smoke. I took a blood test and my medication’s are fine. I’ve been on them for a while, I just got... View More

Anthony M. Avery
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answered on Sep 29, 2024

You should never give a blood test. Any chemicals in your system will be used as evidence of influenced driving. Hire a competent attorney, and quit thinking your prescriptions are legal for driving.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was given a citation for DUI in 2016. I failed to appear, as there was no date on my citation to appear. I was not

booked just sent home and told that they'd be in touch. I also did implied consent and they drew my blood anyway. I spoke with a paralegal who said it didn't matter that it wasn't on the citation that they would have told me I had 10 days. I was never told that. If I can have the... View More

Anthony M. Avery
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answered on Sep 25, 2024

Hire an attorney to turn you in at Court, probably off the Docket. Your TNDL is probably suspended. Have money ready to pay fines and costs. This is not something you can do yourself obviously.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got my license suspended 7 years ago for a DUI and I paid it off and paid reinstatement fees and still can't get it.

All fines and court costs have been paid as well as the reinstatement fee ... But they still want sr22 and I can't afford it ... But I thought that requirement expired after 3 to 5 years.

Anthony M. Avery
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answered on Sep 11, 2024

You can argue with DOS, but they issue the TNDL. Insurance is always a requirement.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Tennessee on
Q: I'm eligible for my driver's license and have all my requirements completed but my court judgement says I can't drive?

My judgement says that can't drive even with a valid driver license...my license status online says that I'm eligible with interlock device. It doesn't say revoked

Anthony M. Avery
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answered on Aug 2, 2024

I am not sure what your problem is. If convicted of DUI, you should be eligible to get a blowmeter device and then your TNDL. Usually you do this yourself, but you may have to get the Judge to amend the disposition on the Warrant or Judgment. If you do not have an attorney, call me.

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