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Tennessee DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Tennessee on
Q: My husband was arrested for dui and blood test showed negative for alcohol. 892 ng/ml diazepam - prescribed

Marijuana 118 ng/ml

Serax 67 ng/ml. Prescribed

Is he over the Tn. Legal driving limit on any of the above? What are the legal limits?

James R. Owen
PREMIUM
James R. Owen
answered on Jul 21, 2017

Tennessee does not set a legal limit for prescription drugs or marijuana. Your husband needs to consult with an experienced DUI lawyer so that he can better understand his case and his options.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If blood was drawn to determine dui of meth.. What makes the determination of dui versus the meth used the day before?
James R. Owen
PREMIUM
James R. Owen
answered on Jul 6, 2017

Methamphetamine is metabolized fairly quickly as compared to other drugs. You should discuss your case with an experienced DUI lawyer to help you figure out whether what might show up in the blood test.

1 Answer | Asked in Car Accidents and DUI / DWI for Tennessee on
Q: is it possible to get a vehicle back cause the police officer was wrong about why the vehicle was seized?

my vehicle was seized cause of a dui I got in February of 2017. and the police officer said my car was being seized cause he said my drivers license was revoked cause of a dui I got in February of 2017 and it wasn't revoked cause of the dui. it was revoked cause a car wreck I got back in 2007.

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

It was revoked. If you hadn't had it reinstated it remained revoked. Now can they seize it? You need to speak with an attorney who handles traffic issues.

2 Answers | Asked in DUI / DWI and Immigration Law for Tennessee on
Q: my fiancée has a pending uvisa and was arrested on DUI, they placed an immigration hold. What next?

Our daughter is due next week, his lawyer has a hearing with a judge to get the hold lifted. What are the chances of that happening? Or what should I expect? He has been here for 15 years we have a house, car, both full time workers

Rehim Babaoglu
Rehim Babaoglu
answered on Mar 15, 2017

You and he are represented by an attorney and we cannot provide advice about his legal situation. Also, if your lawyer does not practice immigration law - consult with an immigration lawyer and provide him with all the facts.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: So if I refuse a BAC test, I lose my license. But is that it? Does anything else happen?
James R. Owen
PREMIUM
James R. Owen
answered on Mar 10, 2017

If you refuse a BAC test, you could lose your license, but not always. There can also be other penalties for refusing a BAC test. It depends on the facts of your case. If you consult with an experienced DUI lawyer, they will be able to explain the consequences of refusing the test under your... View More

1 Answer | Asked in DUI / DWI and Family Law for Tennessee on
Q: Hello my child's father is pushing for visitation right with the courts for our child.. He has a lengthy drug past along

With jail and rehab... he only comes around or calls once a month. Does he have any chance to get anything

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Feb 8, 2017

Yes, he has a chance, probably a good one. IF he can pass a drug screen, If he has completed or is making progress towards rehab, most Judges will allow parenting time ( visits) . At first, the visits may be short and supervised, but over time, the amount of time will increase as the child gets to... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was convited in August of 2016 with dui 1st offence. Am I able to get a regular drivers license in August of 2017?

The court ordered an interlock device. If I don't get a vehicle and license until after my year suspension is up will i still need to get the interlock? I am lost with all of this and felt like I was pushed with my public defender that hardly have me any real info.

James A Turner
James A Turner
answered on Feb 7, 2017

You will be eligible for a drivers license reinstatement after the one year suspension is up. Follow this link for specific information: https://www.tn.gov/safety/article/frlocations

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is implied consent?
Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

Means that when you get a driver's license you are giving consent to submit to a breathalyzer if stopped for suspected DUI/DWI. If you do not submit to the test then there are enhanced penalties.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What kind of punishment is my husband looking at? He had a suspended license and got busted for a DUI.
Eric M Larsen
Eric M Larsen
answered on Jan 20, 2017

DUI 1st offense is punishable with a minimum of 48 hours in jail and a suspended license for one year. How is case is resolved depends on many factors such as his record and the facts of this case.

3 Answers | Asked in DUI / DWI for Tennessee on
Q: In Tennessee do you have the right to choose which sobriety test an officer gives you?
Bennett James Wills
Bennett James Wills
answered on Dec 21, 2016

No. You do not have the right to choose what test you get. But if you refuse a breath test then you're looking at an automatic suspension of your license.

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: I thought I passed the field tests. Why was I still arrested for DUI?
James R. Owen
PREMIUM
James R. Owen
answered on Nov 17, 2016

Unless you know how the officers score field sobriety tests, it can be difficult to know whether you passed or failed. You should contact an experienced DUI lawyer who is certified by the National Highway Traffic Safety Adminstration to administer and grade field sobriety tests. He will be able to... View More

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: My license were suspended and now I'm eligible for reinstatement from a DUI. Can I legally drive only to work and back

Or do I have to wait until I get a picture ID. What can I do about being able to drive to work only?

Paul Stanko
Paul Stanko
answered on Oct 30, 2016

Being eligible for reinstatement and being reinstated are two different things. The answer right now is "no". Once your license is reinstated, then drive only within the restrictions, if any, on your license.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: 59yo female, NO record. Charges: DUI, improper lane usage & felony reckless endangerment

0 BAC, Doctor-prescribed meds showed in blood within proper doseages. (docs wrote letters with explanations.) Offered 18 months - normal for 1st offense?

- 2+ year old case

- lawyer hired but not a lot of help (tried to find a new one but had issues with case being so old)

Bennett James Wills
Bennett James Wills
answered on Oct 18, 2016

You should hire an attorney. Without knowing what evidence the state has, no one on this forum can tell you if the state is making you a good offer. An attorney can explain your rights and evaluate any defenses you may have.

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2 Answers | Asked in DUI / DWI for Tennessee on
Q: Is there a bright light law in Tennessee
James R. Owen
PREMIUM
James R. Owen
answered on Oct 12, 2016

Yes Tennessee Code §55-9-406 and 407.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: If u r on supervised probation for dui can u still take your week vacation you paid for 6 month mths prior in dif state
Paul Stanko
Paul Stanko
answered on Sep 24, 2016

That is entirely up to the sentencing court. You should contact your probation officer well in advance to get permission to travel out of state.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a person have a medical exemption from the interlock device
Paul Stanko
Paul Stanko
answered on Sep 24, 2016

In my experience defending DUI cases in Indiana, I have from time to time represented clients who could not physically use an interlock. There are alternatives available for monitoring, specifically random urine tests or transdermal ankle bracelets.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: is jail fees part of court costs?
Paul Stanko
Paul Stanko
answered on Sep 24, 2016

In many jurisdictions, court costs and court-ordered fees are split into different categories. For example, a defendant may owe "court costs", "probation user fees", "drug interdiction fees", etc. One type of court-imposed fee may be a per diem fee to reimburse the... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Dui ...Second one in Williamson county. I have moved to Davidson county before my sentencing. Can I move my case?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Change of venue in criminal cases is uncommon. You will need to defend your case in the county in which it occurred.

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I been charged with my 3rd offensive dui. My first dui happened when i was 20 and my second when i was 21.

My first dui was charged by dui under controlled substance. My ba was under the legal limit. I live in California now and was just in to visit family but now the judge said i have to get drug & alcohol testing every week til my court date which is aug 19th. I leave to go back on july 17th he... View More

Eugene L. Belenitsky
Eugene L. Belenitsky
answered on Oct 18, 2015

Contact your lawyer. See if your lawyer can get the judge to adjust these conditions. I strongly urge you to follow the rules until your attorney can adjust them or work this out for you.

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: I got a DUI in 2000.. I just got charged with another one. It's been 15 yrs. Will this be considered 1st also

Since it's been 15 years will they charge me with 2 nd...

Eugene L. Belenitsky
Eugene L. Belenitsky
answered on Oct 18, 2015

They cannot charge you with 2nd under the circumstances you described. You are asking about T. C. A. § 55-10-405. That section defines "second or subsequent" offense for DUI. Subsection (a) states that "(a) For the sole purpose of enhancing the punishment for a violation a person... View More

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