It's true.
Just the opinion of a police officer is all it takes to arrest you for DUI in Tennessee.
Specifically, the DUI law requires that the government must prove beyond a reasonable doubt that a person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of.
08 or higher.
You can also be convicted of Tennessee DUID, driving while under the influence of drugs, if you operate a vehicle under the influence of even a physician-prescribed narcotic.
Conversely, it is Tennessee's "per se" law that defines a person as under the influence with a BAC of.
08 or higher, even with no evidence that the person's driving ability was impaired.
Tennessee's DUI law states that a person who has a BAC of.
08 is not competent to have clear judgment, or has the ability to safely control a vehicle.
Tennessee is an implied consent state, meaning that you gave your consent to a request for chemical testing when you applied for a Tennessee driver's license.
If you refuse such a request, your first refusal revokes your driver's license for one year, and a second refusal revokes your license for two years.
However, if you have a DUI accident that results in any bodily injury, any chemical test refusal will revoke your license for two years; if the accident results in death, any refusal revokes your license for five years.
In 2009, the State of Tennessee passed House Bill 355, giving law enforcement officials probable cause to perform a chemical test to determine a driver's blood alcohol content (BAC) if the driver was involved in an accident that resulted in death or injury.
The law allows for the performance of the test even if the driver refuses.
Additionally, Bill 355 allows those results to be entered as evidence by either the driver or by the State in any court or administrative hearing relating to that accident or offense.
A first, second, and third DUI in Tennessee are misdemeanors.
When is a DUI a felony in Tennessee? A fourth DUI offense becomes a Class E felony.
However, any DUI offense with aggravated circumstances, such as a DUI accident, can also be considered felonies.
Even your first Tennessee DUI brings many DUI penalties.
You will be sentenced to a minimum of 48 hours and up to 11 months and 29 days in jail.
If your BAC was.
20 or greater, the minimum jail time is seven consecutive days.
Your license will be revoked for one year.
You must participate in a DUI school.
You'll be required to pay restitution to anyone who suffered physical injury or personal loss.
You will pay a fine of at least $350 and up to $1,500.
You may be ordered to install and ignition interlock device (IID) on your vehicle.
Finally, the judge may require you to attend drug and alcohol treatment.
Since Tennessee estimates that the total cost of your first DUI offense could add up to $4,900, it's probably wise to seek the counsel of drunk driving lawyers.
Just the opinion of a police officer is all it takes to arrest you for DUI in Tennessee.
Specifically, the DUI law requires that the government must prove beyond a reasonable doubt that a person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content (BAC) of.
08 or higher.
You can also be convicted of Tennessee DUID, driving while under the influence of drugs, if you operate a vehicle under the influence of even a physician-prescribed narcotic.
Conversely, it is Tennessee's "per se" law that defines a person as under the influence with a BAC of.
08 or higher, even with no evidence that the person's driving ability was impaired.
Tennessee's DUI law states that a person who has a BAC of.
08 is not competent to have clear judgment, or has the ability to safely control a vehicle.
Tennessee is an implied consent state, meaning that you gave your consent to a request for chemical testing when you applied for a Tennessee driver's license.
If you refuse such a request, your first refusal revokes your driver's license for one year, and a second refusal revokes your license for two years.
However, if you have a DUI accident that results in any bodily injury, any chemical test refusal will revoke your license for two years; if the accident results in death, any refusal revokes your license for five years.
In 2009, the State of Tennessee passed House Bill 355, giving law enforcement officials probable cause to perform a chemical test to determine a driver's blood alcohol content (BAC) if the driver was involved in an accident that resulted in death or injury.
The law allows for the performance of the test even if the driver refuses.
Additionally, Bill 355 allows those results to be entered as evidence by either the driver or by the State in any court or administrative hearing relating to that accident or offense.
A first, second, and third DUI in Tennessee are misdemeanors.
When is a DUI a felony in Tennessee? A fourth DUI offense becomes a Class E felony.
However, any DUI offense with aggravated circumstances, such as a DUI accident, can also be considered felonies.
Even your first Tennessee DUI brings many DUI penalties.
You will be sentenced to a minimum of 48 hours and up to 11 months and 29 days in jail.
If your BAC was.
20 or greater, the minimum jail time is seven consecutive days.
Your license will be revoked for one year.
You must participate in a DUI school.
You'll be required to pay restitution to anyone who suffered physical injury or personal loss.
You will pay a fine of at least $350 and up to $1,500.
You may be ordered to install and ignition interlock device (IID) on your vehicle.
Finally, the judge may require you to attend drug and alcohol treatment.
Since Tennessee estimates that the total cost of your first DUI offense could add up to $4,900, it's probably wise to seek the counsel of drunk driving lawyers.
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