|
Step
2:
|
Call 1-800-852-8005* or use the drop down list to find the county where your case is located |
 |
Find a Tennessee DUI Attorney and Tennessee DUI Laws |
Tennessee Drivers Licenses
Suspensions
Tennessee DUI-DWI Terms & DefinitionsTennessee DUI Statutes, Tennesse Drivers License Suspension Periods, Ignition Interlock Devices |
Administrative License Suspension: A law that
allows the prompt suspension of the license of drivers charged with
Driving While Intoxicated (DWI) when a driver has a BAC above the
prescribed limit, or sometimes if a driver refuses to take a roadside
blood or breath test. Thus the license may be suspended before
adjudication of the DWI charge.
BAC: Short for “blood alcohol concentration.” BAC
refers to the amount of alcohol in your bloodstream and is measured in
percentages. BAC can be measured either by breath, blood or urine
testing and is often used by law enforcement to determine whether or
not a motorist is “legally drunk.” Most states have adopted BAC laws
that make it illegal to drive with a BAC at or above a set amount. Most
states have adopted 0.08% as the BAC limit state-wide.
Breathalyzer: A portable machine used by law
enforcement to measure the BAC of suspected drunk drivers.
Chemical Test: As it relates to DUI, a test of
the alcohol or drug concentration in a person's blood. A Breathalyzer,
blood analysis, or urinalysis can be used as chemical tests for
alcohol. If other drugs are suspected, a blood test or urine test is
used.
Commercial Vehicle: A vehicle driven for business
purposes. In the DUI context, these are the consequences for driving a
commercial vehicle while drunk.
Community Service: Depending on the offense, your
state may offer community service as a way to work off fines. Community
service may also be a mandatory part of your sentencing.
Conditional License: A conditional license is a
license granted “on condition” of something, such as completing a DUI
course or alcohol treatment program. Once that “condition” has been
met, a standard license is generally issued or reinstated.
Driver Responsibility Tax: Some states charge
those convicted of a DUI with an extra tax on top of fines and court
costs. This usually consists of a tax that is payable to the state for
three years after the incident occurred (e.g.: $250 per year for three
years). In most cases, failure to pay the yearly assessment on time
results in license suspension.
DUI School: DUI schools are typically drug and
alcohol education programs designed to help you realize how dangerous
drinking and driving is and to hopefully ensure you are not a repeat
offender. Your state will likely have a list of approved schools for
you to choose from.
DUI: Driving While Under the Influence.
DWI: Driving While Intoxicated.
Felony: A serious crime, such as murder, rape or
burglary, for which there is a stricter sentence given than for a
misdemeanor. Felonies are usually categorized by degrees. 1st degree
felonies are the most serious class (with the highest fines and
penalties), 2nd degree felonies are less serious, and so on. Many
states treat DUIs that cause serious bodily injury as a 3rd degree
felony. If there has been a death as a result of the DUI, it might be
classified as a 1st or 2nd degree felony, depending upon the prosecutor
and the situation.
High BAC: Threshold blood alcohol content for
which maximum penalties and fines may apply, even on a first
offense.
Ignition Interlock Device: An ignition interlock
device is an in-car alcohol breath screening device that prevents a
vehicle from starting if it detects a blood alcohol concentration (BAC)
over a pre-set limit of .02 (i.e., 20 mg of alcohol per 100 ml of
blood). The device is located inside the vehicle, near the driver’s
seat, and is connected to the engine's ignition system. Many states
require that the device be used by those convicted of DUI.
Implied Consent Laws: Some states have implied
consent laws. If you have a driver’s license in one of these states,
you have, by implication, consented to being pulled over by a police
officer to have your blood alcohol concentration measured. In many
states, you may refuse to take the test, but fines and license
suspensions may be the result.
License Revocation: A license revocation means
your driving privileges have been cancelled. You will likely need to
reapply for a driver's license after a designated length of time.
License Suspension: A license suspension means
you may not drive for the period of your suspension. Driving privileges
are typically administered by the Secretary of State and not the court
system. If your license is suspended, the suspension will likely take
effect immediately upon arrest, and not upon conviction. Check your
state’s laws. You, or your lawyer on your behalf, may be able to
negotiate a limited suspension, meaning you may drive to and from work,
but nowhere else.
Misdemeanor: A crime less serious than a felony.
Misdemeanors are sometimes categorized by degrees. 1st degree
misdemeanors are the most serious class (with the highest fines and
penalties), 2nd degree misdemeanors are less serious, and so on. Many
states treat a first DUI conviction as a misdemeanor.
Open Container Laws: In some states, it is
illegal to have an open container of alcohol in your vehicle. Many
states have laws that make it illegal for drivers and passengers to
have open containers in the vehicle.
Probation: When all or part of the required jail
time is suspended in exchange for good behavior, as determined by
checking in with a probation officer. Jail time may be reinstated if it
is found the terms of probation are being violated.
Provisional (or Restricted) License: A
provisional license typically withholds certain license privileges. In
a DUI context, a provisional license might be granted to someone to
drive to and from work only.
Sobriety Checkpoints: A system where law
enforcement agencies select a particular location for a particular time
period and systematically stop vehicles (for example, every third car)
to investigate drivers for possible DWI. If any evidence of
intoxication is noted, a detailed investigation ensues.
Vehicle Impound/Immobilization: Vehicle impound
is an option used by some states when there has been more than one DUI
conviction. The vehicle may be seized, or an ignition interlock device
may be installed on the steering wheel of the car, requiring the driver
to pass a breath test using the device before he or she can start the
vehicle and drive away.
Zero Tolerance BAC: Allowable blood alcohol
content for minors (as defined by the state). This percentage can be as
low as 0% (meaning no alcohol content may be detected-hence the term
“zero tolerance.”) or as high as 0.02%.