What is a DUI? | Nashville DUI Lawyer
A DUI under Tennessee law can be accomplished in one of two ways. Either if your blood alcohol level is .08 or higher at the time of driving, or if your ability to operate a motor vehicle was impaired by alcohol and you lacked clearness of mind. It is very simple. You can be convicted under two theories of DUI - blood alcohol, or how your driving was impaired, affecting whether or not you were able to operate the vehicle safely. In Tennessee, a DUI can only be a felony if it is your 4th offense. Normally what the government does is look back through your record and see if you have any prior DUI arrests. The more you get, the worse it gets. For a 2nd DUI offense is a greater punishment, a 3rd is more punishment and a 4th is a felony. A felony DUI carries 1-6 years in prison, and carries a minimum of 150 days in jail. It gets progressively worse with the more you get, but for most folks a DUI is not a felony.
You've been stopped by the police and taken to the station because they think you are over the limit. They want you to take a breath test, but taking the test could get you arrested for DUI. If you refuse to submit to testing, your driver's license will be suspended. What should you do?
One of the basic rules of Tennessee Criminal Procedureis the ten day rule.The ten day rule requires a preliminary hearing in criminal cases in Tennessee if the accused cannot make a bond. Under Rule 5(c)(1)(B) of the Tennessee Rules of Criminal Procedure requires the magistrate to set a preliminary hearing to be held within ten days if the defendant remains in custody unless: