How to Get Off a DUI in Tennessee
A DUI conviction in Tennessee can restrict your license and show up on your driving record, increasing the cost of your insurance. It can also lead to jail time, fines, difficulty in getting future employment, and restrictions on travel to places like Canada that treat DUI as a felony. Getting out of a DUI once you have been charged depends on your prior record, your attitude, knowing a little about DUI laws in Tennessee and a little luck.
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Instructions
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The moment you see lights behind your vehicle, pull over. Keep in mind that trying to get away from an officer in Tennessee can result in felony charges that carry the potential of more than a year of imprisonment and six months or more of additional driver's license suspension. Officers learn to watch for things like forgetting to signal or put the vehicle in park as signs of intoxication, so pay special attention to using your blinkers and stopping properly.
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Keep a polite attitude. The National Highway Traffic Safety Administration teaches law enforcement officers that such things as refusal to look at the officer, or a belligerent attitude indicate possible impairment. Calmly answer the officer's questions about your name and give him your identification. Tennessee Code Annotated section 7.3.505 allows an officer to arrest you if you refuse to produce identification or lie about your identity after being stopped. If you obviously have alcohol on your breath, do not deny drinking, but do not volunteer how much you had.
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In Tennessee you may refuse to perform field sobriety tests. If you do perform the tests make sure to tell the officer about any medical issues you have that could affect your balance. Also tell the officer if you have problems with your eyes since they look at your eyes for indications of intoxication. Tennessee law forbids court-ordered blood samples, but also makes driving under the influence of drugs illegal so do not use drugs, even prescription drugs, as an explanation for bad driving or poor balance.
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If you get charged with DUI, contact a local DUI attorney as soon as possible. Provide your attorney with every detail you can remember including the names and telephone numbers of witnesses who can corroborate your story. For example, weaving within your lane in not illegal in Tennessee and if you have witnesses who can confirm that the only reason the officer stopped you was for going side to side but not crossing your lane lines, you may have a valid defense that can result in dismissal of the charges.
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Request reduced charges or deferral. If your attorney cannot get the charges against you dismissed outright, ask whether you can get a deferral, or whether the prosecutor might reduce the charges to reckless or careless driving rather than DUI. Reduced charges usually carry a less significant cost than DUI, both in terms of penalties and associated costs such as loss of license and increased insurance costs. A deferral requires you to meet conditions, with dismissal of the charges on successful completion. Conditions may include alcohol treatment, payment of fines, community work service, and staying out of trouble. Keeping your record clean makes the effort worthwhile for most people.
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Tips & Warnings
Do not refuse a breath test thinking it will make your case better. In Tennessee, refusal makes the case against you stronger, results in a one-year loss of license even on a first offense, and can cause a dramatic increase in your insurance rates.
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