DUI School

When a cop stops you and starts questioning, don’t take it all too casually. It may very well be the first step in a DUI (Driving Under Influence) charge. Understanding the Tennessee laws pertaining to drunk driving is imperative for all residents and travelers. Here is a quick look at the legal aspect of the matter.

You must take into consideration, however, that this knowledge would never suffice if you actually face a charge. In such a situation, you need assistance from a competent lawyer to avoid later legal hassles and penalties.

When do you commit a DUI? You could face a DUI charge if you were operating, or in control of, a motor vehicle under the influence of alcohol/drugs on a spot (road, lane, alley, parking area, etc) frequented by individuals.

What happens if your driving was not impaired? Tennessee laws do not require the prosecution to prove that your driving was impaired. All they need to prove is that you had a blood alcohol content of .08 or higher at the time of the stop. Blood, breath and urine tests determine this level.

What happens if you don’t submit to the tests? You have the right to refuse these tests. However, there is a downside to this. If you face a conviction later, this refusal could add to your civil penalties.

What happens if the drug was a physician prescribed one? Interestingly, you won’t be spared even if you were under influence of a doctor prescribed drug. The laws of the state do not take into account this factor.

What type of offense is it? As per DUI law in Tennessee, these offenses are in the category of misdemeanors. However, the 4th or subsequent offense is a felony. Other DUI related offenses in the felony category are as follows:

*    Vehicular/Aggravated Vehicular Assault
*    Vehicular Homicide
*    Child Endangerment

What penalties would you face? This depends on the seriousness of the offense and the particulars of your case. However, conviction may result in jail term, fines, driver’s license revocation, DUI School admission, installation of ignition interlock device, vehicle forfeiture, etc.

When do you talk to a lawyer? As soon as you face such charges, get in touch with a lawyer proficient in TN DUI laws. Delaying this could hamper the defense. Only a lawyer can evaluate the case and understand which defense would suit the specific circumstances of your case.

Originally published here.

Society at large tends to regard drunk driving offenses as dangerous and therefore often insists on harsh penalties for convictions.  Depending on your circumstances and the level of offense, the penalties go from bad to worse.  Recently, punishment for DUI became harsher.  And lobbying groups like Mothers Against Drunk Driving (MADD) push regularly to increase the severity of punishment.

Statistics may be on the lobbyists’ side.  The National Highway Traffic Safety Administration (NHTSA) credits the raising of the legal drinking age to 21 with preventing nearly 1,000 deaths annually.  In another study, researchers found that after blood alcohol limits were lowered, the proportion of night time single vehicle fatal crashes in younger drivers dropped 16 percent.

Potential penalties for drunk driving charges
Following are the penalties for the drunk driving offenses per Tennessee DUI laws:

DUI First Offense

Jail—up to 29 days

Probation—up to 11 months
Fines—up to $1,500
One-year license revocation
Possible community service
Possible DUI school
Possible ignition interlock device
2nd offense (http://www.tn.gov/safety/duioutline.htm#duisecond) (within 10 years)

Jail—up to 11 months

Probation—up to 11 months
Fines—up to $3,500
Two-year license revocation
Possible community service
Treatment program
Ignition interlock device
Possible vehicle forfeiture

DUI Third Offense (within ten years)

Jail—up to 11 months

Probation—up to 11 months
Fines—up to $10,000
Three to ten-year license revocation
Possible community service
Treatment program
Ignition interlock device
Possible vehicle forfeiture

DUI Fourth Offense (within ten years)

Jail—up to six years

Probation—up to six years
Fines—up to $15,000
Five-year minimum license revocation
Possible community service
Treatment program
Ignition interlock device
Possible vehicle forfeiture
Class E felony charge

Additionally, the following charges are felonies in Tennessee:

Vehicular assault—serious injury to another by a DUI driver
Child endangerment—DUI with passenger under age 13
Vehicular homicide
Aggravated vehicular assault while DUI

A conviction in the above felony charges means long prison sentences and a criminal record.

Legal advice for drunk driving offenses
Consult a skilled Memphis DUI law firm to determine your best legal options if you have been charged with drunk driving in Memphis, TN.

Originally published here.

Driving under the influence (DUI) is now known to be one of the most popular crimes not only in the United States but in other countries as well. Every day, there about a hundred of related incidents of DUI that happens all over the globe and this is now the reason why government officials are becoming more and more aware of this crime. People who have taken a massive amount of harmful substances such as drugs and alcohol were proven to be unable to think properly. And if they can, their body movements lack precision and accuracy that is why they tend to come up with a different physical movement that can lead to certain accidents and misunderstandings. Alcohol and other toxic substances can not only affect one’s mental abilities but their physical, financial and emotional abilities as well. It has a domino effect wherein once a certain state is affected, the other abilities of a human being can also be affected.

A person can be convicted of a DUI crime when he or she is using and operating (or even attempting to operate) any form of motor vehicle but he or she has a blood alcohol consumption level that is above the allowed legal limit. A DUI crime is punishable by law and there are actually different types of sanctions that will be given to the offender depending on where the crime has been made, how severe the crime is, the damages that it caused and other factors. However, all of the states have a common ground in all the different sanctions and that is mandatory completion of a DUI class. The sanctions that will be given by the court or the so-called court order are different from the punishments that will be required by the Department of Motor Vehicles or DMV in that certain jurisdiction. But both the court and the DMV will require an offender to attend and complete DUI classes.

A DUI alcohol classes can be attended personally and this is what most judges in all different states require. However, there are some people who can’t afford to go personally to DUI schools that is why the offenders will be required to attend and complete DUI classes online instead. Most of the offenders to have committed a DUI crime was due to the usage or over usage of alcohol. This is the most common substance that is being used by drivers because alcohols are easily available almost anywhere that people go. In every party, there will be a lot of various alcoholic drinks that people can binge into but can cause a person to be physically not able to drive home safely.
Driving under the influence can greatly make a person’s life become in danger. Even though people think that they can drive home safely because they’ve only drank small amount of alcohol, their bodies are already affected especially their minds that is why their driving abilities can be damaged already which can make their life at risk.

Originally published here.