I got arrested for DUI. What do I do now?
AIf you have been arrested and charged with Driving Under the Influence, you should contact an attorney and ensure that you have legal representation as soon as possible. This ensures that a qualified attorney can conduct an interview and begin working on your case as soon as possible, and you can ensure that your rights are protected from your arraignment throughout your entire legal proceedings.
I was charged with an Implied Consent Violation. What does this mean?
AAn Implied Consent Violation means that you refused to consent to a chemical analysis test (blood, breath or urine) when asked by the officer. According to the T.C.A. § 55-10-406, any person who drives a motor vehicle in Tennessee is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood, a test or tests for the purposes of determining the drug content of the person’s blood, or both tests.
If I was charged with DUI, can I still drive?
AIf you have been charged with a DUI, but not yet convicted and still have a valid Driver’s License, you should be able to continue to operate your motor vehicle. However, it is important that you know if there are any bond conditions which pertain to you driving.
What is a bond condition? Do I have them? How do I know?
AIf you were released on bond, there will be certain conditions with which you must comply in order to remain on bond. There are certain bond conditions which apply to every individual on bond, and certain bond conditions are prescribed for specific charges. Bond conditions which typically apply to every individual on bond include, but are not limited to: obey the laws of the State of Tennessee, do not incur any further charges, attend all court dates, etc.

Additional bond conditions that may be involved in a DUI case are: installation of an Ignition Interlock Device, being monitored by Pre-Trial Services, refrain from the use of any alcoholic beverages, etc.

If you were not informed of your bond conditions by a bondsman, be sure that you ask your attorney which bond conditions have been applied to you so that you can ensure that you do not violate any bond conditions.

What kind of charge is a DUI?
AIn Tennessee, the majority of DUI offenses are Class A Misdemeanors, meaning that they carry a punishment range of up to 11 months and 29 days in jail. However, subsequent offenses or offenses which meet certain criteria (4th or subsequent DUI charge, death or serious bodily injury occurred, etc.) can be felonies in Tennessee. In addition, DUI convictions are exempt from being eligible for Judicial Diversion. It is important to discuss your charges with a qualified attorney and determine exactly what you have been charged with and what possible punishments you could be facing as soon possible.
Am I required to take the Field Sobriety Tests?
ANo, you are not legally required to take the Field Sobriety Tests if requested or asked to do so by an officer. There is no specific penalty for refusing to participate in the tests. The officer has no duty to inform you that you have the right to refuse to participate in the Field Sobriety Tests.
Do I have a right to refuse to consent to a blood, breath or urine test?
AYou absolutely have a right to refuse consent to a chemical analysis test. If you choose to exercise this right and refuse, be advised that you will be charged with a violation of the Implied Consent law, as discussed above.

Under certain conditions, law enforcement can obtain a search warrant for the testing. If this occurs, the test will be performed regardless of whether you consented or not.

What is the penalty for refusing to consent to a chemical test (blood, breath or urine)?
AThe penalty for refusing to consent to a chemical test is determined by the Implied Consent Violation law. In most instances, the penalty is a license revocation for 1 year.
Do I have a right to talk to an attorney before I make any decisions if I am stopped?
AIn Tennessee, an individual is not permitted to consult with an attorney or anyone else before making the decision to consent or not consent to a chemical test. Please be advised that at no time is an officer allowed or able to give you legal advice. An officer will advise you of the Implied Consent policy, but is not allowed or qualified to give you advice about how you should proceed.
Do I have a right to choose which test I would like performed (blood, breath, or urine)?
ANo, the officer gets to determine what tests to administer.
What if the officer did not read me my Miranda rights? What does this mean?
AAn officer is not required to read an individual their Miranda rights to effect an arrest. The Miranda rights are not a prerequisite for an arrest, but can affect statements’ admissibility in court. You need to discuss statements that may have been made with your attorney, and they can determine whether this can affect your case and how to proceed.
If I am convicted of a DUI offense, how long does it stay on my record?
AA conviction for DUI is permanent, and will always be on your criminal record. In addition, DUI is specifically exempt from being eligible for Judicial Diversion, meaning there is no way that it can be expunged even after completion of all specifics of any probation or jail time or other requirements set by the Court.


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