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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: I refused the blood test - is there any way to appeal the license suspension?
Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a grad school reject an application for admission on the basis of a DUI that's 10 years old?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 16, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I intend to plead guilty to a DUI, is there any benefit of hiring an attorney to represent me?
James R. Owen
James R. Owen answered on Sep 25, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can you use discrepancies in a DUI police report, if it says that I crossed the fog line whenever there wasn't one?

I've noticed going through logic as a former Correctional Officer at a State Prison that there is a simmular need to cover your tracks in the Arresting officers' report, but it has shown unreasonable to me that this arresting officer actually typed in the police report that I crossed the fog line,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 21, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: On a a second offense DUI how can they offer two years probation after 45 days is that legal

Because second offense DUI is maximum 1129 don't understand how they can try to give you two years paper

Anthony M. Avery
Anthony M. Avery answered on Aug 14, 2018

The District Attorney is probably asking you to plead guilty to more than one offense. And yes you can have several consecutive Sentences.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What happens if you refuse a breathalyzer?
Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2018

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... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Tn dept of Safety: re-revoked my drivers license for a dui offense in 2011.

After 2011 dui I was reinstated in 03/2014

I received speeding ticket 2015, forgot about court. State suspended my license.

I paid speeding ticket and court cost and the states reinstatement fee. After I met these requirements the state mailed me a letter stating my license are... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Charge dui test results blood no alcohol traces of meth from 2 weeks ago no criminal record
James R. Owen
James R. Owen answered on Jul 19, 2018

It sounds like you have some good issues in your case. You should contact an experienced DUI lawyer in your area.

1 Answer | Asked in DUI / DWI and Arbitration / Mediation Law for Tennessee on
Q: I have an interlock device installed in my car. I have finished the 6 month period. I'm planning on selling the car.
Anthony M. Avery
Anthony M. Avery answered on Jul 17, 2018

You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Car Accidents and Medical Malpractice for Tennessee on
Q: I am going to count 9& 10 of July one FTA and other DUI 3rd suffer from ptsd emotional abuse and physical abuse

Ok so I have a messed up background I also in suing PCC for probation or I guess I fall into the lawsuit. But this begins with me having a car accident ( road rage) I slammed on my breaks this impala was like ridding my tale pulled in ground and slammed on breaks so did I all sudden (which my car... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 6, 2018

I don't think your case sounds very promissing. I would suggest that you contact local counsel and explain your issues to him/her.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My friend just got a DUI and he had one in 2009 in Alabama and One in Tennessee 2003. Will he get jail time?

also driving on a revoked license.

Jonathan Turner
Jonathan Turner answered on Jun 23, 2018

If convicted of DUI in TN, jail time is mandatory by law. Jail time minimums change with level of intoxication for a first offense and the number of prior DUI convictions. It is important to consult as experienced DUI attorney if charged with a DUI in TN.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Say someone gets pulled over and they find a firearm in the car and they are a felon how much time are they facing in Te

Plus they had coke and weed with an open container

Marcus Lipham
Marcus Lipham answered on Jun 4, 2018

If charged by the state the severity of the charge is based on the original felony (what the person was originally convicted of to become a felon). Secondly we need to know if "the feds" are picking up the case and the amount of coke and weed. There is a federal enhancement called the "trigger... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Is there a statute of limitations for the state to issue a warrant for failure to report to serve sentence?

I pled to 2 DUIs within a month of each other with sentences to be served consecutive. Upon completion of the first, there was no hold for the second in a different county. It has now been 2.5 years and there is no warrant.

Anthony M. Avery
Anthony M. Avery answered on May 25, 2018

No Statute of Limitations apply here. But you are probably on some type of Probation which has not been completed, nor Costs paid yet. The Case is not outstanding and is considered disposed of, but some Probation Officer or Court Clerk might check into it and get a Capias issued for your arrest.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Do I have to install a interlock device in Tennessee or can I just wait a year before I drive?

I was told that I have to install a interlock for a period of one full year regardless. Even if I choose to drive 10 years from now I still have to

Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

Tennessee laws require the installation of ignition interlock devices for all DUI offenders. If you have an emergency and have to get behind the wheel of a car and that car does not have the required device, you may be subject to additional penalties.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Dl revoked for FTA. why am i being told have to have interlock again? Provided again proof of completion

Dui's were 10-11 years old wheb i had device 3 years ago. I waited around 8 years to get it back period. Courts have nothing on this anymore. Served time for FTA. why would i even dream of having to go through this again? Homeland security said i 'slipped through the cracks' so im assuming thats... Read more »

Don Himmelberg
Don Himmelberg answered on Mar 22, 2018

Before you send off any more money to the state, think about talking to an attorney - they will be able to advise you on state laws and regulations, and assist in any paperwork you need to complete to get your life in order; they can also ensure that your rights aren't being violated

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: I received a underage consumption citation in Tennessee.

The officer never asked me to sign the citation, what will happen.

Marjorie A Bristol
Marjorie A Bristol answered on Feb 4, 2018

You have been charged and will need to show up in court. Your best bet is to show up with a lawyer. If you can't afford one, then you should ask for one to be appointed. Do not attempt to handle this without one.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What happens to the bond I paid if the case is dismissed
Marjorie A Bristol
Marjorie A Bristol answered on Jan 13, 2018

You don't get it back if that is what you are asking.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got arrested for first offense of DUI, and did 6 hours in jail, then got booked out, what's going to happen in court?
James R. Owen
James R. Owen answered on Nov 20, 2017

I do not have enough information to answer your question. However, I can tell you that you need to discuss your case with an experienced DUI lawyer as soon as possibly. Once you meet with a lawyer, that lawyer can answer your questions and help you decide how to handle your case.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: If you never leave private property where people are not expected can you get a dui
James R. Owen
James R. Owen answered on Nov 14, 2017

No. The Tennessee DUI law is limited to driving on a public road or a place which is generally frequented by the public, such as a shopping center or apartment complex.

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2 Answers | Asked in DUI / DWI and Car Accidents for Tennessee on
Q: If an adult gives a teenager alcohol and the teenager leaves and gets in a wreck is the adult at fault?
William Head
William Head answered on Aug 8, 2017

Very likely, yes. Regardless of whether you are asking about the criminal aspect, or civil (to sue), do not talk about the case to anyone except a lawyer

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