DUI Frequently Asked Questions

DUI Frequently Asked Questions
28
Jul

I have found that many potential clients have similar questions regarding (1) what counties or municipalities do I practice in and (2) what are the penalties associated with a DUI.  The third question is usually about how to avoid getting their photo in those magazines but… I’ll only address the first two here.

What is a DUI?

If you are in physical control of any automobile or any other motor-driven vehicle while on a public road, highway, alley, public parking lot, trailer park, or any apartment complex in the State of Tennessee while under the influence of ANY intoxicant which affects your ability to safely operate a motor vehicle, whether prescribed or over the counter, you can be found guilty of DUI.

What is the legal limit in Tennessee?

In Tennessee, the legal limit is a BAC of .08.  However, in certain but very rare circumstances, you can be found guilty of DUI with a BAC lower than .08.

How can I be convicted if blood was not drawn or I didn’t blow into a machine?

It is possible to still be found guilty of DUI without a BAC.  The State can use circumstantial evidence to show that you were impaired.  This effort is most often employed by showing video from the officer’s dash cam illustrating your alleged “impaired driving” or “failing of Field Sobriety Tests”.

Where do I practice?

I primarily defends client in the city of Chattanooga, TN and the surrounding municipalities within Hamilton County such as; Soddy Daisy, East Ridge, Collegedale, and Red Bank.  I have also practiced in Marion County, Rhea County, and Bradley County.  However, I am open to working in other areas.  Please contact me if you believe this may be an issue.

What are the repercussions of being convicted of a DUI?

DUI First:

  • Mandatory 48 hours in Jail.
  • 11 months & 29 days probation.   
  • $350-$1500 fine
  • Three 8 hour days of trash pick up on the side of the road wearing a bright yellow vest with the words “DUI Driver” written on it
  • Mandatory DUI school
  • Loss of license for year

DUI 2nd:

  • Mandatory 45 days in jail
  • 11 months & 29 days probation
  • $600 – $3500 fine
  • Mandatory DUI school and possible court ordered rehabilitation
  • Loss of license for 2 years

DUI 3rd:

  • Mandatory 120 days in jail
  • 11 months & 29 days probation
  • $1,100 – $10,000 fine
  • Mandatory DUI school & rehabilitation program
  • Loss of license for 6 years

DUI 4th (FELONY):

  • Mandatory minimum of 150 days in jail to 6 years
  •  11 months and 29 days to 6 years probation
  • $3,000 – $15,000 fine
  • Mandatory DUI school and rehabilitation program
  • Loss of license for 8 years

Matt Brock
Law Firm

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