General DUI Information in Tennessee
THE CRIME. Driving Under the
Influence is the only crime for which an individual can be convicted
solely on the opinion of a police officer. While most DUI offenses
are classified as misdemeanors, the penalties for this crime are
typically much more serious.
In order to convict a person of DUI,
the State must prove beyond a reasonable doubt that the person
was (1) operating or in physical control of (2) a motor vehicle
on (3) any public road, highway, alley, parking lot, or any other
premises generally frequented by the public while (4) under the
influence of alcohol or drugs, or with a blood alcohol content
of .08% or higher.
Thus, a person is legally considered
to be under the influence “per se” if their blood alcohol
level meets or exceeds the legal limits referred to above. This
holds true even if the other evidence does not indicate that the
person’s ability to drive is actually impaired. A person
may also be convicted of DUI for operating a vehicle while under
the influence of a narcotic, even if it was prescribed by a physician.
THE CONSEQUENCES. Upon conviction for First Offense DUI,
a person is subject to the following penalties:
Penalties for a second or subsequent
conviction of DUI increase dramatically. On a second or subsequent
offense, the vehicle used in the offense is subject to forfeiture.
A fourth or subsequent conviction of DUI is classified as a Felony.
Because the facts, law, and circumstances
of each case vary, it is important for persons in need of a lawyer
to meet individually with counsel to obtain specific advice. The
information contained on this website is no substitute for individual
consultation.
