In Tennessee it’s unlawful for any person to drive or be in physical control of an automobile or other motor vehicle on a public road, highway, street or alley, or while on the premises of any shopping center, trailer park, apartment complex, or any other premises regularly frequented by the public while (1) under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system or; (2) the alcohol concentration in the person’s blood is over .08%.
Courts in Tennessee give specific interpretations and meanings to terms and concepts found within the Tennessee law – such as “physical control,” “motor vehicle,” and other key terms which may be relevant to your case. Additionally, there are several constitutional rights that apply to DUI investigations such as your right to remain silent, your right to be free of unreasonable searches and seizures, and the requirement that officers have probable cause to investigate and arrest you.
The consequences of a DUI conviction in Tennessee can vary based on factors such as prior offenses, blood alcohol concentration (BAC), and other circumstances. Here are some general consequences for a first-time DUI conviction in Tennessee:
Fines: A DUI conviction typically results in fines, and the amount can vary.
Jail Time: You may face mandatory jail time, even for a first offense, which can range from 48 hours to 11 months and 29 days.
A first-time DUI conviction leads to a driver's license suspension for a one year period. During that time, you may be able to apply for a restricted license in order to drive while your TN license is suspended.
To drive on a restricted license, TN will require that you have an ignition interlock device installed in your vehicle. This device requires the driver to pass a breathalyzer test before starting the car.
You may also be required to have an IID installed while your case is pending, depending on the circumstances of your DUI arrest.
Offenders may be required to undergo an alcohol and drug assessment, and completion of recommended treatment programs may be necessary.
Probation is for 11 months and 29 days. During which you must comply with specific conditions set by the court.
Courts may order community service as part of the sentence for a DUI conviction.
After a DUI conviction, you will be required to obtain SR-22 insurance, which is a form of high-risk insurance.
In some cases, the court may order the forfeiture of the vehicle used in the commission of the DUI offense.
A defense lawyer will thoroughly evaluate the details of your case to identify potential legal defenses, weaknesses in the prosecution's case, or violations of your constitutional rights.
Providing legal advice tailored to your specific situation, explaining the charges against you, and guiding you through the legal process.
Negotiating with prosecutors to seek reduced charges, lesser penalties, or alternative resolutions such as diversion programs.
Crafting a robust defense strategy based on the circumstances of your case, which may include challenging evidence, questioning the legality of searches, or disputing the validity of witness testimony.
Working to minimize the potential consequences, such as reducing jail time, fines, or other penalties associated with the theft conviction.
Vigilantly protecting your constitutional rights throughout the legal process, ensuring that law enforcement and the prosecution adhere to proper procedures.
If you are charged with a DUI in Nashville, or the Middle Tennessee area, and want a strong criminal defense attorney who will fight for you and your rights, then contact Provenzano Law today for a free consultation.
It is important that you speak with a criminal defense attorney who knows how to evaluate and fight a DUI charge.
Call today to learn more about how I can help you.