Lawyers, Answer Questions  & Get Points Log In
Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Tennessee on
Q: Please describe what happens when charges are bound over to the grand jury.

My husband has been convicted of domestic violence and is serving 11 months and 29 days after failing to comply with an agreement he made with the court. The charges had been set in abeyance awaiting completion of the agreement. He chose not to complete the agreement. The judge has now sentenced... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2023

If the Judge ordered a Sentence then there was a Conviction, and it was a Misdemeanor at General Sessions Court which was not bound over. Apparently he has one or more charges that were initiated by an Arrest Warrant at Sessions which were not disposed of, that is no conviction nor dismissal. DA... View More

2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Brandon D. Fersten
Brandon D. Fersten
answered on Jun 20, 2023

Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general... View More

View More Answers

2 Answers | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

View More Answers

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
PREMIUM
Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... View More

View More Answers

2 Answers | Asked in DUI / DWI, Municipal Law and Civil Rights for Tennessee on
Q: Is a person allowed to have the vehicle picked up by owner if gets dui in tn.

My son got a dui in my truck. He asked if I could pick it up. It was walking distance for me. It was denied. It cost me 250 to get out. Just to towe a few miles. What are the laws

Brandon D. Fersten
Brandon D. Fersten
answered on Mar 27, 2023

Yes, the Tennessee Supreme Court has actually held that a police officer must provide an individual the opportunity to make their own arrangements for their vehicle rather than inventory search the vehicle and tow it in a case called Drinkard. However, this issue only becomes relevant as far as any... View More

View More Answers

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

Brandon D. Fersten
Brandon D. Fersten
answered on Jan 12, 2023

If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in... View More

2 Answers | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: Is there a statue of limitations on a dui in tn?

I was arrested 12/3/21 for dui. Since my 1st court date my case has been postponed because the arresting officer has been away on military leave. I'm getting ready to go back to court soon. When I go back it will have been over a year. Is it possible to ask to have the case dismissed?

Brandon D. Fersten
Brandon D. Fersten
answered on Dec 13, 2022

The SOL may have been met by the Arrest Warrant. However, you should have your lawyer review the arrest warrant to make sure each element of the offense is supported by factual details. If an element of DUI is not supported factually within the arrest warrant then your lawyer can move for the court... View More

View More Answers

2 Answers | 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... View More

Brandon D. Fersten
Brandon D. Fersten
answered on Dec 9, 2022

Unfortunately, although an ignition interlock is not a requirement of a DUI conviction in Tennessee, as the other attorney eluded to, it is a requirement that you have an ignition interlock on a vehicle for one year to be eligible to get your license reinstated. As such, to get your license back... View More

View More Answers

2 Answers | 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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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... View 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... View 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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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??

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

Unfortunately, the U.S. Supreme Court has ruled that the statute regarding civil forfeiture of property used in the commission of certain crimes, including a 2nd DUI is not a violation of the Double Jeopardy Clause.

The forfeiture statute, which changed in 2015, states that the vehicle...
View More

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 for Tennessee on
Q: How to get ignition interlock device remove by court
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: My fiancee just got arrested Friday for a warrent on failure to appear on a dui charge he got in I believe 2021.

He was bonded out but given wrong court date. And arrested. He went to court and it was thrown out. He has been pulled over for driving on revoke license couple times since and even arrested but no warrent showed up . He in last month just went and got his license back. How is that possible... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

He needs to hire a competent attorney to represent him on the DUI. And he probably needs to contact DOS and see what is going on with his TNDL. For some reason he does not appear to have a valid DL.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.