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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: i have a dui question Initially got it in AZ but now live in TN

I did not finish my interlock (1 year) in AZ, but did finish all other requirements including 15 days incarcerated. Do I have to have an interlock in Tennessee? For 12 months?

Anthony M. Avery
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answered on Sep 12, 2019

You need to talk to your Arizona Lawyer. Possibly you have violated your Probation Order. However you should be able to drive anywhere with the Interlock Device. If you are found driving without it, it will be bad.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I got charged with a dui and reckless driving an open containers. However upon the trooper arriving I was not in my car

It had ran out of gas so I was walking to get gas.

Cayley Turrin
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Cayley Turrin
answered on Sep 9, 2019

You should hire an attorney immediately for your case as there may be some defenses for it.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Is there a statue of limitations on unpaid dui/dwr fines from the nineties in Tennessee?

No drivers license is holding me back from getting good jobs. Can I discuss a settlement with the local courthouse? I paid what I could afford and with having to settle for low paying jobs in this area, the rest is still on the books. Without the thousand for reinstatement, what I have left is... View More

Anthony M. Avery
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answered on Aug 20, 2019

You might try Legal Aid who might try to get some Costs executed. I do not believe the Department of Safety will help you. Whatever they say you have to do is what has to be done, right or wrong. DOS issues the TNDL. Sometimes people go to other States for DL's.

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on
Q: Is it,possible to plea,for,medical reasons. To receive no jail time.

Being charged with Dui. 2nd offense. Non alcohol related. Due to medication. Do not know blood results. Arrested. Taken to,jail. Bonded out. Probation violation. Within 5 days was fighting for my life... Flesh eating bacteria. Strep and 2 others. Had,life saving surgery and facial reconstructive... View More

Anthony M. Avery
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answered on Aug 6, 2019

You need an attorney that is competent. Medical problems have no effect on sentencing. You probably need to prepare for a Preliminary Hearing, and if indicted, try to get a 1st Offense or try it as you have little to lose. Prescribed Medication is worse than alcohol as there is no standard on... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was cited w/ Simple Poss. of marijuana on my boat but it wasn't mine and I don't smoke. Should I hire an attorney?

TWRA boarded my boat because (they said) we were shuffling around, but the citation says they could smell pot, they never told us they could smell anything. There was a one hitter with marijuana residue in it, in a ziplock bag, in a bag then in a big bag sitting in front of me so. What kind of... View More

Anthony M. Avery
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answered on Jun 17, 2019

It sounds like the TWRA Officer left you off easy. It would be advisable to hire a competent attorney to get the charge Diverted, Dismissed and Expunged. Otherwise, whether it is a conviction or not, the background check will look like you are an addict and/or/dealer.

3 Answers | Asked in DUI / DWI for Tennessee on
Q: I recently got charged with dui 2nd offense and probably facing jail time. What is there to avoid jail time?
Anthony M. Avery
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answered on May 17, 2019

2nd Offense DUI is a mandatory minimum of 45 days in Jail. Going to Jail is not free, there will be a large fine, and there are numerous expenses. The fees for an attorney are usually the cheap part of this expensive crime. Hire a competent attorney to represent you, as this is not a job for a... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Does defendant qualify for immunity under TN 63-1-156?

Defendant found by police, legally parked and unconscious. Administered naltrexone and taken to UT where he submitted to lab tests. Has been sitting in jail for months with dui in Knoxville and vop in Murfreesboro. Wishes to file habeas under TN 63-1-156. First offense.

Anthony M. Avery
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answered on Apr 9, 2019

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.... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Person received DUI in Mississippi....would this count as 4th if he had 3 other DUIs from Tennessee 20 & 25 years ago?
Anthony M. Avery
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answered on Apr 6, 2019

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... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My 1st DUI - my 1st anything. What happens if I do not have an attorney to represent me?

I’ve never been arrested, I do not have a criminal record. I’m terrified of any of this. I no longer have an attorney.

Cayley Turrin
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Cayley Turrin
answered on Mar 4, 2019

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.

1 Answer | Asked in DUI / DWI for Tennessee on
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.

He was in his own home not bothering anyone. Cop showed up knocked on the door and arrested him inside his home.. The arresting officer was involved in my boyfriends child custody case last year I've been told that him being arrested in his home is illegal

Anthony M. Avery
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answered on Feb 19, 2019

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... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I need help with a dui case but I wasn’t drunk
Anthony M. Avery
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answered on Jan 21, 2019

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... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: What is the max penalty for a first offense dui in Tennessee,,,,,, and what is the max on a FTA in misdamor court

The FTA is from missing the court date for the DUI

Anthony M. Avery
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answered on Jan 8, 2019

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... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Tennessee on
Q: Under tn law can a state trooper stop a big truck for a mud flap violation?
Cayley Turrin
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Cayley Turrin
answered on Dec 26, 2018

Yes. They are allowed to stop you for that.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I am looking for an attorney to possibly help my grandson with a dui but I need someone who will accept payments.

He is in Putnam co tn

James R. Owen
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James R. Owen
answered on Dec 20, 2018

You should contact an experienced DUI lawyer. I would be happy to discuss your grandson's situation.

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2 Answers | Asked in Criminal Law, DUI / DWI and Federal Crimes for Tennessee on
Q: What about if someone has a dui and 2 vehicular assault charges all at once
Cayley Turrin
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Cayley Turrin
answered on Dec 9, 2018

Those are very serious charges. If they do not have an attorney then they will need to hire one immediately.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a police officer legally take my license even before I've been convicted of a DUI?
Anthony M. Avery
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answered on Dec 3, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: How can I get car insurance after a drunk driving conviction? Will it just be super expensive?
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answered on Nov 20, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Husband was hospitalized after a single car accident that left him unconscious. Refused the troopers blood test later.

He did have a serious concussion and head injury when the Trooper asked for a blood test in the ER. Should he expect a license suspension, or more? Am I correct that even though the hospital checked his BAC, that result can not be accessed by investigators?

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answered on Nov 20, 2018

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.

1 Answer | Asked in DUI / DWI for Tennessee on
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.

Got ready for work and had a wreck. I was arrested for dui. I had a blood test that showed 400ng/ml of ambien.If i took extra i sure don't remember. Ambien causes amnesia so i sure don't know. Will i still be brought for dui. I work caring for dying patients and i love it but it can be... View More

Anthony M. Avery
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answered on Nov 5, 2018

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... View More

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
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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... View More

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