At Durak Law Firm, clients can expect to be treated with respect and diligence. Attorney Michal Durakiewicz will fight relentlessly for his clients’ defense, and you can trust him to develop a rigorous strategy to combat the prosecution’s case against you. He has handled more than 500 criminal cases in his legal career, and you can trust that he will put his experience on your side. Whether you have been charged with a first or subsequent DUI offense, or whether you have been accused of violating Tennessee’s implied consent laws, Durak Law Firm can defend you. Attorney Durakiewicz has achieved victories in the courtroom time after time and can do his best for you, too.
What Is Considered Driving Under The Influence?
In Tennessee, it is illegal for a person to drive or be in actual physical control of a vehicle if they:
- have a blood alcohol content (BAC) of .08% or greater (.04% or more if operating a commercial vehicle); or
- are under the influence of any intoxicant, marijuana, controlled substance, or alcohol affecting the central nervous system.
Note that a person is “under the influence” if they are impaired to an extent that their ability to safely operate a motor vehicle is affected. If a driver has a BAC of .08% or more, they can be convicted of a “per se DUI” regardless of their level of impairment.
Penalties And Sentencing Options
Upon conviction of a DUI, the judge may impose a certain amount of jail time and fines depending on how many prior DUIs the offender has within the past 20 years (in and out of the state):
- 1st offense – 48 hours to 11 months and 29 days in jail; $350-$1,500 in fines; 1-year license suspension
- 2nd offense – 45 days to 11 months and 29 days in jail; $600-$3,500 in fines; 2-year license suspension
- 3rd offense – 120 days to 11 months and 29 days in jail; $1,100-$10,000 in fines; 6-year license suspension
Note that if the driver was operating a commercial vehicle at the time of the DUI, their commercial driver’s license could be revoked entirely.
There are a few alternatives to traditional sentencing the judge may impose. For one, judges can allow a DUI offender to serve a jail sentence with work-release, which permits the person to continue employment during the day but return to jail after work each evening. The judge may also suspend the remainder of any jail time and order probation if the offender serves the minimum jail sentence. DUI probation usually involves a substance abuse assessment and other treatment recommendations.
In certain cases, judges are permitted to issue temporary restricted licenses during an offender’s DUI suspension period. While restricted licenses will restore basic driving privileges, they may be used only for commuting to work, school, or treatment. The use of an ignition interlock device (IID) might also be required for a restricted license.
Tennessee also implements “implied consent” laws that require all drivers lawfully arrested for a DUI to submit to a breath test. A motorist’s unlawful refusal could lead to a 1-year suspension for a first offense and a 2-year suspension for a second offense within 10 years.
Get Started On Your Defense With Durak Law Firm
If you have been charged with driving under the influence in Tennessee, contact an experienced DUI defense attorney immediately to get started on your case. Depending on the severity of your case and your criminal history, you could face hefty penalties and lose important driving privileges. Attorney Michal Durakiewicz has defended clients against criminal charges in Tennessee for years, and he has the experience and professional knowledge you need to craft a strong defense against DUI charges. Whether this is a first offense or a subsequent offense, Durak Law Firm can help you. From arguing for reduced charges to petitioning for a restricted license, Attorney Durakiewicz will do his best to fight for your rights as a driver.