Ask a Question

Get free answers to your DUI / DWI legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is the max daily storage fee a towing company is allowed to charge for a vehicle towed due to a DUI in Clinton, TN?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

To my knowledge there is no statutory max fee. Sometimes the County Commission will set towing fees paid out upon a County request. Call the Anderson County Mayor.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I have been paying on my second dui. And they said I have to pay everything in full before I can get a restricted ID?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

DOS issues TNDLs, so you have to do whatever they want to get a driving license.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If I drank a miller lite beer 15 min before a blood alcohol test, what would my level on the test show

And if a wreck occured would I be charged with a dui for that amount of Alcohol in my system

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

Any amount of alcohol or other drugs in your system can be used as evidence for DUI. .08 is only an evidentiary presumption. So never take an implied consent test.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can i get pulled over cuz cop says my lights are too bright even though they are perfectly legal? Charges get dropped?

I went passed him and then he turned around and said I had my brights on but I did not and now got dui, drug, and weapons charges. All because he said my headlights were too bright but they are perfectly legal, I bought them from Amazon. I don't understand how I can be pulled over just because... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

Hire an attorney to file a Motion To Suppress Evidence due to an illegal stop. You will need to question whether the lights broke a Rule of the Road Statute.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got caught with a gram of meth, and some used baggies. The cop is charging me with intent to distribute. Why?

I've never been arrested for anything, now being charged with dui, intent to distribute, and I had my gun with me, and a pair of brass knuckles and am being charged with those too.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

The circumstances give probable cause for a felony charge. Simple possession is almost never charged. Hire a competent attorney to prepare for a Preliminary Hearing. Time for a new phone and a steady job.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI. I was given no field sobriety test or breathalyzer, and there was nothing in my blood.

I was arrested in a Walmart parking lot after someone called 911 thinking I had overdosed. The ambulance came, and wanted to check me out so I let them. After I got out of vehicle the cops were there, and immediately took me to jail on DUI charges. I was given no field sobriety test or a... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

Do not plead guilty to DUI as it is a decent case. The hospital blood test might help, but the prescribed drug in your system will be used by the DA. It is possible that an objection to its admissibility might be successful. I would be concerned about what you said to the LEOs, and whatever... View More

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Individual is arrested for dui, jailed, bailed out on weekend with arraignment on Monday , but has no lawyer yet

He was unable to make phone call in jail and when bail was made attorneys were unavailable. Court date I'm 9 Monday morning. Should he enter a plea of not guilty until counsel is avaiable

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023

If asked for a plea, then plea not guilty. He needs to hire an attorney to represent him, not a PD.

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?

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

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Tennessee on
Q: Can I get my license back while making payments on fines from a dui twelve years ago?

I'm now unable to work and disabled but still need to go to doctor visits and the store.

Henry Ambrose
Henry Ambrose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

You likely need a lawyer for this. If you have fulfilled the requirements of the law at the time of your conviction you may be able to get your license again. If you were required to have an interlock device on your car and did not, you might have to do that and get a restricted license while its... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Question about V.o.p. and driving on revoked.

2021 I got a dui. Put on 11/29 probation. Got an extension last yr. It's almost up. My dui class is April 29th. I got caught driving on revoked an go to court over it this Thursday. Also, I have a warrant for v.o.p for failing a drug test. (Got drunk an made bad decisions, never again 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 Apr 10, 2023

There is a good chance that you will be incarcerated for the remainder of your Sentence. Are both Convictions in the same County or Judicial District? If not, you might get lucky on the DUI. Do not get any more Probation extensions. That was a mistake. Hire an attorney, not a pd.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was convicted of dui 4th in Davidson C0 Tn. Just finished my 150 days in jail. I never got a letter stating dl was rev

I just finished my 150 days for dui 4th. They didn't make me surrender my license at the time. I was told to get intoxalock in vehicle and pay my fines. It has been 8 months since conviction and I have never gotten a letter from homeland security stating my license have been revoked etc. My... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2023

This is a public forum. You need to consult with an attorney to see what are possible consequences of driving. Driving on a Suspended License would be very bad, but getting another DUI would at least be a trip to prison.

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: If someone doesn't go to rehab after being released on furlough and is then captured what is the amount of time they

Could expect to get? The original charge was a DUI 1st offense probation violation and had criminal impersonation as the most recent offense. They only had a little over a month left if they were to just serve the remainder of their sentence followed by 6 months of probation. They are a 3 time... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

He will probably have to serve the remainder of the Sentence incarcerated.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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

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 Divorce, DUI / DWI and Personal Injury for Tennessee on
Q: I am attempting to divorce my wife and take custody of the child. However, my wife is threating suicide if I divorce.

My wife has conducted drunk driving and just did drunk driving again for the second time with my son. She got in a wreck with my child in the back seat. She also has been physically abusive to me by throwing candle holders and putting hands on me. I am in the military and I am trying to figure out... View More

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Nov 28, 2022

You should talk to a divorce lawyer immediately.

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.