In Tennessee, DUI is one of the few crimes for which an individual can be convicted based solely on the opinion of the police officer. It should be noted that in order for the conviction to be awarded, the prosecution must prove beyond reasonable doubt that the person is indeed operating or in control of a motor vehicle on any public road, highway, alley or any other premise generally frequented by the public while under the influence of alcohol or drugs. In the state of Tennessee, the definition of drugs also includes those narcotics and other drugs that may be prescribed by your physician but can still impair your driving ability.
The other way you can be arrested for DUI is through the results of your BAC test. A record of .08% or higher of BAC level can charge you guilty for DUI, even in instances where you are driving safely off the roads.
DUI Arrests in Tennessee
After your arrest, you will be asked to submit to a BAC test, however this is not a mandatory step. Nevertheless, refusal to participate in the test will only lead to complicate things as this will be used against you and automatically you will lose your right to drive, whatever the result of your court case will be. Once this happens, you only have 10 business days in which to request an administrative hearing to challenge the revocation of of your driver’s license, or else the officer’s revocation of your license will stand.
A DUI arrest will let you face a day in court. The government must be able to prove beyond reasonable doubt about the instance of your arrest. Thus, it is necessary that you hire the skills and experience of a Tennessee attorney to handle DUI cases such as yours to help you show reasonable doubt about your conviction.
Basic Consequences for First Time Offenders
Punishments for first time DUI offenders are as follows:
l Imprisonment of 48 hours up to 11 months and 29 days (minimum of 7 days if BAC is .20% or higher)
The look back period for DUI in Tennessee is ten years, this means that if you get 2 DUI offenses in ten years, the latter will be classified as a second offense, and therefore a more stringent consequence will be given to you.
License Suspensions of Tennessee DUI
Other than rendering your jail time and paying fines for your offense, a DUI conviction also takes away your driver’s license in the following manner:
For first offense, if the revocation of your driver’s license is upheld at your administrative hearing, you may be qualified to apply for a restricted license. To obtain this, you need seek the help of a Tennessee attorney to aid you in getting a certified order from the court where you were convicted. Within 10 days from the receipt of the certified order, you must present the original copy of the order, provide a proof of a valid Tennessee SR22 insurance policy, pass a driver’s exam and pay $67 fee.
Insurance Consequences
Due to the greater risk borne by the company in insuring you after your DUI conviction, they will either drop your coverage or significantly charge you with a higher rate. Even if you desire to look for a new insurer, you will still have to face the same insurance dilemma.