Tennessee Criminal Lawyer Blog

DUI is one of the most common offenses that criminal defense attorneys in Tennessee deal with, but the issues related to DUI can be very complex. Tennessee’s DUI statute is located at TCA § 55-10-401.

Under Tennessee law, DUI can be charged in a number of different situations. All of these situations pertain to operating any motor vehicle, and that operation can take place on any public road or highway of the state, any street or alley, or on the premises of any shopping center, trailer park, apartment complex, or any other premises generally frequented by the public at large. This is often surprising to persons who are charged with DUI in Tennessee while not operating the vehicle on an actual road. DUI is charged when a person operates a vehicle on one of these surfaces while under the influence of any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system. It is also illegal for a person to operate a vehicle while having a blood alcohol concentration of .08%.

DUI is a strict liability offense, meaning that a person’s intent is irrelevant to the charge. This makes the offense particularly inflexible, but there a number of complexities involved in DUI cases, often related to the methods used by law enforcement in ascertaining a person’s blood alcohol content, that can provide defenses to a Sevierville DUI charge. This is why it is particularly important to employ the services of an attorney when facing a DUI charge, as these defenses often involve technical legal issues.

Under the statute, a first offense related to DUI results in a fine of between $350 and $1500. Additionally, a person convicted of DUI shall have their license revoked for one year. This punishment can increase depending upon a number of factors, including an unusually high blood alcohol concentration, or having a child in the vehicle while under the influence. Punishment may also be increased for subsequent offenses.

If you or someone you care about is being charged with a DUI offense in Tennessee, the experienced Sevierville DUI attorneys at Baker Associates can help. Those facing DUI charges need to be familiar with their rights. Call us today for a free consultation.