Law Office of Rob McKinney
View Our Practice Areas

Drunk Driving Charges Archives

About Tennessee's boating under the influence laws

Operating a mechanically-powered vessel or sailboat while under the influence of alcohol is a Class A misdemeanor in Tennessee. For the most part, the rules regarding alcohol impairment that apply on the water are the same as those that apply to drivers of motor vehicles. You can be convicted of boating under the influence (BUI) if you are found to have blood alcohol content of .08 or more. The operator of a boat gives implied consent to blood alcohol testing, just as the driver of a car or truck does. The penalties upon conviction for BUI are the same as for DUI. And during certain holiday periods, officers from the Tennessee Wildlife Resource Agency (TWRA) intensify their enforcement efforts, just as state and local police on land do.

Can You be Arrested for a DUI While Sleeping in Your Car ?

One can be arrested for driving under the influence (DUI) in Tennessee while asleep in one's car. You can be arrested for DUI under two different theories under Tennessee' DUI Law. First, you can be arrested for DUI if you are operating a motor vehicle on a public road or an area open the public at large. Secondly, one can be arrested for DUI if one is in Physical control of the car or truck. Sleeping in your call falls under the physical control componet of a Tennessee DUI charge.

Does a DUI Conviction Stay On My Criminal Record in Tennessee ?

A conviction for a DUI charge stays on your criminal record forever in Tennessee. Unlike other states, Tennessee has no diversion type of probation that allows you expunge the DUI conviction off your criminal record. Tennessee DUI charges that were dismissed, retired, or a not guilty verdict was reurned are eligible to be expuinged from your record.

What Happens if I Get a DUI?

A DUI has severe consequences. If you get a DUI, a first offense for example, you have the range of punishment is up to eleven months and twenty nine days, with a 48-hour minimum. If your blood alcohol level is .20 or higher it is a seven day minimum. In some counties there are aggravating factors. The fine is a minimum of $350. You have to attend and complete an alcohol & safety class. You will lose your license for one year. You will need an ignition airlock device installed in your car, which is like a mini breath test machine. The cost of insurance will rise dramatically. The punishment for a DUI first offense is significant. In Tennessee there is no pre-trial or judicial diversion for a DUI. I have said before that a DUI is like a bad tattoo. It does not get removed. It's there forever and it stays on your record forever. You cannot get it expunged, it goes with you to the grave.

What is a DUI?

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.

An App To Protect Your Rights - Before And After A DUI Arrest

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?

What Happens To Insurance Rates After A Teen DUI?

After a teenager gets a DUI, the loss of the teen's driver's license and possible criminal penalties are not the only concerns for the teen - or the teen's parents. Insurance premiums will increase significantly, whether the teen is covered on a family policy or has coverage on a separate policy. If the teen is covered on a family policy, some insurance companies will even drop coverage entirely.

Three directions a DUI charge can take you

After being charged with a DUI it is only normal to wonder what your options are moving forward. Depending on the circumstances, you may be facing no charges or may be facing jail time. Because the range of outcomes is so vast, it is important to know some basic facts about what the possible outcomes are after being charged with a DUI in Tennessee.

214 2nd Ave N.
Suite 400
Nashville, TN 37201

Toll Free: 866-603-2842
Phone: 615-649-5824
Fax: 615-242-5967
Nashville Law Office Map

Back To Top