NASHVILLE CRIMINAL LAWYERS
QUILLEN, FLANAGAN & QUILLEN TENNESSEE DUI LAW
Nashville, Tennessee
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RESOURCES
| DUI |
JAIL |
FINE |
LICENSE SUSPENSION |
OTHER |
| First Offense |
48 hours to 11 months and 29 days or 200 hours of public service work in lieu of jail. See below |
$350 to $1,500 |
1 year Restricted available if no prior DUI convictions) |
Alcohol & Drug Safety DUI School |
| First Offense (BAC .20% or more) |
7 consecutive days to 11 months and 29 days or public service work in lieu of jail. See below |
$350 to $1,500 |
1 year Restricted available if no prior convictions |
Drug & Alcohol Assessment & Treatment (DAATS) |
| Second Offense |
45 days to 11 months and 29 days |
$600 to $3,500 + Vehicle Forfeiture |
2 years (no restricted in first year) |
Possible Jail Credit for 28 days of inpatient drug/alcohol treament (2nd offense only) . See below. |
| Third Offense |
120 days to 11 months and 29 days |
$1,100 to $10,000 + Vehicle Forfeiture |
3 to 10 years |
Alcohol & Drug Assessment |
| Fourth Offense (Felony) |
150 days to 6 years |
$3,000 to $15,000 + Vehicle Forfeiture |
5 years |
OFFICE I-40 Exit 204
95 White Bridge Road
Suite 208
Nashville, TN 37205
(615) 356-1580
(615) 356-2567 FAX
SENTENCING
JUDICIAL DIVERSION
EXPUNGEMENT
PRETRIAL DIVERSION
PROBATION
T.C.A. § 55-10-401.DRIVING
UNDER DRIVING UNDER
THE INFLUENCE / DUI
(a) It is unlawful for any person
to drive or to be in physical
control of any automobile or
other motor driven vehicle on
any of the public roads and
highways of the state, or on
any streets or alleys, or while
on the premises of any
shopping center, trailer park or
any apartment house
complex, or any other
premises which is generally
frequented by the public at
large, 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 such
person's blood or breath is
eight-hundredths of one
percent (.08%) or more.
(b) For the purpose of this
section, "drug producing
stimulating effects on the
central nervous system"
includes the salts of barbituric
acid, also known as malonyl
urea, or any compound,
derivatives, or mixtures thereof
that may be used for
producing hypnotic or
somnifacient effects, and
includes amphetamine,
desoxyephedrine or
compounds or mixtures
thereof, including all
derivatives of
phenolethylamine or any of
the salts thereof, except
preparations intended for use
in the nose and unfit for
internal use.
a person has been previously convicted of DUI (the Triggering Conviction) within 10
years of the present violation (date of arrest), then that person will be considered a
multiple offender and subject to enhanced penalties for DUI Second Offense. If the
person has had another DUI conviction within 10 years of the Triggering Conviction
then that person can be charged with DUI Third Offense and so on. In no case can a
conviction more than 20 years older than the present conviction (for the most recent
violation) be used for enhancement. See T. C. A. § 55-10-403(3).
Note: Make sure your dui lawyer checks any prior convictions to see if you were
represented by an attorney or made a valid waiver of your constitutional right to an
attorney. "Uncounselled convictions" cannot be used the enhance punishment. United
State v. Baldasar.
consequences set forth in this section, if the court or jury finds that the driver violated
the provisions of this subsection (a) while driving on a revoked, suspended or cancelled
license, when the person's privilege to do so is cancelled, suspended or revoked
because of a conviction for vehicular assault under § 39-13-106, vehicular homicide
under § 39- 13-213, aggravated vehicular homicide under § 39-13-218 or DUI /
Driving under the influence, then such driver commits a Class A misdemeanor
and shall be fined not more than $1,000 and shall be sentenced to a minimum
mandatory jail or workhouse sentence of five (5) days which shall be served
consecutively, day for day, and which sentence cannot be suspended
.
NOTE: This new subsection of the implied consent law is criminal in nature
and in my view entitles the defendant to a jury trial and a beyond a reasonable
doubt finding of guilt in order to convict. This week, i got a DA to dismiss a felony
DUI (very weak case) and further, to dismiss the implied consent because he knew i
would demand a jury on the implied consent and probably get it. -Ken Quillen 4/20/05
second or subsequent violation of DUI, or the second or subsequent violation of any
combination of DUI, and a statute in any other state prohibiting driving under the
influence of an intoxicant, is subject to seizure and forfeiture in accordance with the
procedure established in title 40, chapter 33, part 2. The Tennessee Department Of
Safety is designated as the applicable agency to prosecute these seizures.
(2) In order for the provisions of subdivision (k)(1) to be applicable to a vehicle, the
violation making the vehicle subject to seizure and forfeiture must occur in Tennessee
and at least one (1) of the previous violations must occur on or after January 1, 1997,
and the second offense after January 1, 1997, occurs within 5 years of the first
offense occurring after January 1, 1997.
second offense only) T. C. A. § 55-10-403(4)(A): If the court orders participation in an
inpatient alcohol and drug treatment program pursuant to subdivision (a)(1), such
treatment program shall not exceed a period of 28 days. During this period of
confinement in inpatient treatment, the person ordered to participate shall be confined
to the inpatient treatment center and shall not, without further court order, be released
for any reason until the completion of the treatment. In the event such person does not
complete the confinement in the treatment program, that person shall be returned to
the county jail or workhouse to serve the full period of the confinement imposed without
any credit allowed for time spent in the program. Upon completion of the
confinement in the program, the remainder of the confinement imposed shall
be served in the county jail or workhouse. This may be an attractive option if the
accused has a drug or alcohol problem. For example, if the accused's employer has an
EAP and the accused is due two weeks vacation, he may be able to salvage his job.
OFFENSE IN Nashville. (n) Notwithstanding the provisions of this section to the
contrary, in counties with a metropolitan form of government and a population more
than 100,000 according to the 1990 federal census or any later federal census, the
judge exercising criminal jurisdiction may sentence a person convicted of violating the
provisions of the DUI statute, for the first time to perform 200 hours of public service
work in a supervised public service program in lieu of the minimum period of
confinement required by the provisions of subsection (a). Country music star Wynona
Judd recently took this option.
(a)(1) Any person who drives any motor vehicle in the state is deemed to have given
consent to a test for the purpose of determining the alcoholic or drug content of that
person's blood; provided, that such test is administered at the direction of a law
enforcement officer having reasonable grounds to believe such person was driving
while under the influence of an intoxicant or drug,
(2) Any law enforcement officer who requests that the driver of a motor
vehicle submit to a test pursuant to this section for the purpose of
determining the alcoholic or drug content of the driver's blood shall, prior to
conducting such test, advise the driver that refusal to submit to such test will result
in the suspension of the driver's operator's license by the court and, if such driver is
driving on a revoked, suspended or cancelled license, when the person's privilege to
do so is cancelled, suspended or revoked because of a conviction for vehicular assault
under § 39-13-106, vehicular homicide under § 39- 13-213, aggravated vehicular
homicide under § 39-13-218, or driving under the influence of an intoxicant under the
DUI statute, that the refusal to submit to such test will, in addition, result in a fine and
mandatory jail or workhouse sentence. The court having jurisdiction of the
offense for which such driver was placed under arrest shall not have the
authority to suspend the license of a driver who refused to submit to the test
if the driver was not advised of the consequences of such refusal.
(3) If such person having been placed under arrest and thereafter having been
requested by a law enforcement officer to submit to such test and advised of the
consequences for refusing to do so, refuses to submit, the test shall not be given, and
such person shall be charged with violating this subsection (a). The determination as to
whether a driver violated the provisions of this subsection (a) shall be made at the
same time and by the same court as the one disposing of the offense for which such
driver was placed under arrest. If the court finds that the driver violated the provisions
of this subsection (a), except as otherwise provided in this subdivision (a)(3), the driver
shall not be considered as having committed a criminal offense; however, the court
shall revoke the license of such driver for a period of:
(A) One (1) year, if the person does not have a prior conviction for a violation of
the DUI statute or § 39-13-213(a)(2), § 39-13-218, § 39-13- 106, or § 55-10-418 in this
state or a similar offense in any other jurisdiction.
(B) Two (2) years, if the person does have a prior conviction for an offense set
out in subdivision (A).
(C) Two (2) years, if the court finds that the driver of a motor vehicle, involved in an
accident in which one (1) or more persons suffered serious bodily injury
violated this subsection (a) by refusing to submit to such a test.
(D) Five (5) years, if the court finds that the driver of a motor vehicle, involved in an
accident in which one (1) or more persons are killed, violated this subsection (a) by
refusing to submit to such a test.
For the purposes of this subdivision (a)(3), "prior conviction" means a conviction for
one (1) of the designated offenses, the commission of which occurred prior to the D.U.I.
arrest giving rise to the instant implied consent violation.
unconscious as a result of an accident or is unconscious at the time of arrest or
apprehension or otherwise in a condition rendering that person incapable of refusal,
shall be subjected to the implied consent test as provided for by §§
55-10-405--55-10-412, but the results thereof shall not be used in evidence
against that person in any court or before any regulatory body without the
consent of the person so tested. Refusal of release of the evidence so
obtained will result in the suspension of that person's driver license, thus such
refusal of consent shall give such person the same rights of hearing and
determinations as provided for conscious and capable persons in this section.
(d) Nothing in this section shall affect the admissibility in evidence, in criminal
prosecutions for aggravated assault or homicide by the use of a motor vehicle
only, of any chemical analysis of the alcoholic or drug content of the defendant's
blood which has been obtained by any means lawful without regard to the provisions
of this section.
SUSPENDED FOR VIOLATION OF IMPLIED CONSENT LAW:
(c) A person whose license has been suspended by the court under this section may
apply to the court in the county where the person resides or to the court in the
county suspending such license for a restricted license. The judge of the court may
order the issuance of a restricted license allowing the person to operate a motor
vehicle for the purpose of:
(1) Going to and from and working at the person's regular place of employment;
(2) Going to and from a court-ordered alcohol safety program;
(3) Going to and from a college or university in the case of a student enrolled full
time in such college or university; and (4) Going to and from a scheduled interlock
monitoring appointment.
Such order shall state with all practicable specificity the necessary time and places of
permissible operation of a motor vehicle. The person may obtain a certified copy of
the order, and within ten (10) days after it is issued, present it, along with an
application fee of $20.00, to the Tennessee Department Of Safety, which shall
forthwith issue a restricted license embodying the limitations imposed in the order.
After proper application and until such time as the restricted license is issued, a
certified copy of the order may serve in lieu of a motor vehicle operator's license. Any
restricted license issued under the provisions of this section shall be subject to
renewal in the same manner as other motor vehicle operator's licenses.
The statute does not require and SR-22 but apparently the Department of Safety
does.