What to do if I was charged with DUI last night and underage drinking?

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What to do if I was charged with DUI last night and underage drinking?

I am currently 16. I was pulled over for an outed headlight and the officer proceeded to say he smelt alcohol. I immediately chose to remain silent when he asked me if I had been drinking. They then did field sobriety tests which I believe I did satisfactory on. They administered two alcohol breathalyzer/detection tests before putting me in hand cuffs and taking me down town.They then gave me a very official breathalyzer at the station and I blew a .077 but the legal limit for underage people here is .02 but I was under .08 . They charged me with curfew, underage drinking, and a DUI I had 4 other people in the car who were very minorly intoxicated. Can I avoid jail/probation?

Asked on March 2, 2014 under Criminal Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

While most DUI offenses are classified as misdemeanors rather than felonies, the TN DUI penalties for  DUI convictions are typically much more serious than other misdemeanors. Though TN DUI penalties will differ in each case, depending on the particular facts and circumstances, all DUI convictions require mandatory jail time. The summary below of TN DUI penalties is intended to be general in nature and should not be relied upon without individual consultation with a well-qualified DUI lawyer in the Tennessee jurisdiction in which you were arrested. One can be found on attorneypages.com.

 Other Consequences of a Tennessee DUI Conviction

Tennessee DUI defendants find themselves dealing with other consequences of a Tennessee DUI conviction long after all fines are paid, probation has expired, and their driver’s license has been reinstated. Few understand not only the stigma that follows a DUI conviction, but also the correlating economic, professional, and restrictive consequences that will plague a person convicted of a Tennessee DUI offense for the rest of their life.

Just like TN DUI penalties, the additional consequences of a DUI conviction will vary depending upon the facts and circumstances of each case. The following list is intended only as a general guideline to identify some of these potential concerns facing Tennessee DUI offenders.

  • Increase in automobile insurance premiums or even cancellation of an insurance policy following a Driving Under the Influence arrest or DUI conviction;
  • Inability to rent a vehicle from a commercial agency;
  • Restrict ability to obtain and/or maintain life insurance, health insurance, and disability insurance;
  •  Jeopardize the status of a professional license (e.g. Doctor, Lawyer, Nurse, Stock Broker, Airplane Pilot);
  • Impair ability to obtain future employment or to be accepted into an educational program (e.g. undergraduate or graduate school admission);
  • Restrict a person’s ability to acquire and/or maintain the possession of a firearm; Restrict one’s ability to travel outside of the United States (i.e. Canada, which maintains strict laws on the eligibility of entrance to the country for those who have been arrested and/or convicted of Driving Under the Influence and related crimes).

These additional TN DUI penalties of a Tennessee DUI conviction stress the importance of consulting with an experienced and knowledgeable DUI attorney in Knoxville, TN or the jurisdiction in which you were arrested as soon as possible.

Summary of Tennessee DUI Penalties

 

1st OFFENSE DUI

 

2nd OFFENSE DUI

 

3rd OFFENSE DUI

4th or SUBSEQUENT  OFFENSE DUI

 

PUNISHMENT

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class E Felony

One to six years

JAIL TIME

YES

Mandatory minimum 48 hours (7 days if blood alcohol concentration is .20% or higher)

YES

Mandatory minimum

45 days

YES

Mandatory minimum

120 days

YES

Mandatory minimum

150 days

FINES

Minimum fine $350

Maximum fine $1,500

Minimum fine $600

Maximum fine $3,500

Minimum fine $1,100

Maximum fine $10,000

Minimum fine $3,000

Maximum fine $15,000

WORK RELEASE

After mandatory minimum jail time.

After mandatory minimum 45 days or, in certain circumstances, after 2 days.

After mandatory minimum 120 days.

After mandatory minimum 150 days.

LITTER PICK-UP

YES

Mandatory 24 hours of roadside litter pick-up.

NO

NO

NO

DUI ASSESSMENT

YES

$100

YES

$100

YES

$100

YES

$100

BLOOD ALCOHOL OR DRUG CONCENTRATION TEST FEE

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

LICENSE REVOCATION

1 year

2 years

Minimum 6 years

Maximum 10 years

Minimum 8 years

RESTRICTED DRIVER’S LICENSE

POSSIBLY

If no serious bodily injury or death. Not available for Commercial Motor Vehicle (CMV) driver’s license.

Only after expiration of one year of license revocation, and with compliance with other special conditions, if no serious bodily injury or death.

None Available

None Available

VEHICLE FORFEITURE

POSSIBLY

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

INTERLOCK DEVICE

POSSIBLY

At the discretion of the court or mandatory if certain conditions are present.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

ALCOHOL SAFETY/DUI SCHOOL OR VICTIM IMPACT PANEL

MANDATORY

POSSIBLY

POSSIBLY

POSSIBLY

REHABILITATION PROGRAM

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

COMMUNITY SERVICE

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

While most DUI offenses are classified as misdemeanors rather than felonies, the TN DUI penalties for  DUI convictions are typically much more serious than other misdemeanors. Though TN DUI penalties will differ in each case, depending on the particular facts and circumstances, all DUI convictions require mandatory jail time. The summary below of TN DUI penalties is intended to be general in nature and should not be relied upon without individual consultation with a well-qualified DUI lawyer in Knoxville, Tennessee or the Tennessee jurisdiction in which you were arrested.

 Other Consequences of a Tennessee DUI Conviction

Tennessee DUI defendants find themselves dealing with other consequences of a Tennessee DUI conviction long after all fines are paid, probation has expired, and their driver’s license has been reinstated. Few understand not only the stigma that follows a DUI conviction, but also the correlating economic, professional, and restrictive consequences that will plague a person convicted of a Tennessee DUI offense for the rest of their life.

Just like TN DUI penalties, the additional consequences of a DUI conviction will vary depending upon the facts and circumstances of each case. The following list is intended only as a general guideline to identify some of these potential concerns facing Tennessee DUI offenders.

  • Increase in automobile insurance premiums or even cancellation of an insurance policy following a Driving Under the Influence arrest or DUI conviction;
  • Inability to rent a vehicle from a commercial agency;
  • Restrict ability to obtain and/or maintain life insurance, health insurance, and disability insurance;
  •  Jeopardize the status of a professional license (e.g. Doctor, Lawyer, Nurse, Stock Broker, Airplane Pilot);
  • Impair ability to obtain future employment or to be accepted into an educational program (e.g. undergraduate or graduate school admission);
  • Restrict a person’s ability to acquire and/or maintain the possession of a firearm; Restrict one’s ability to travel outside of the United States (i.e. Canada, which maintains strict laws on the eligibility of entrance to the country for those who have been arrested and/or convicted of Driving Under the Influence and related crimes).

These additional TN DUI penalties of a Tennessee DUI conviction stress the importance of consulting with an experienced and knowledgeable DUI attorney in Knoxville, TN or the jurisdiction in which you were arrested as soon as possible.

Summary of Tennessee DUI Penalties

 

1st OFFENSE DUI

 

2nd OFFENSE DUI

 

3rd OFFENSE DUI

4th or SUBSEQUENT  OFFENSE DUI

 

PUNISHMENT

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class A Misdemeanor

11 months, 29 days

 

Class E Felony

One to six years

JAIL TIME

YES

Mandatory minimum 48 hours (7 days if blood alcohol concentration is .20% or higher)

YES

Mandatory minimum

45 days

YES

Mandatory minimum

120 days

YES

Mandatory minimum

150 days

FINES

Minimum fine $350

Maximum fine $1,500

Minimum fine $600

Maximum fine $3,500

Minimum fine $1,100

Maximum fine $10,000

Minimum fine $3,000

Maximum fine $15,000

WORK RELEASE

After mandatory minimum jail time.

After mandatory minimum 45 days or, in certain circumstances, after 2 days.

After mandatory minimum 120 days.

After mandatory minimum 150 days.

LITTER PICK-UP

YES

Mandatory 24 hours of roadside litter pick-up.

NO

NO

NO

DUI ASSESSMENT

YES

$100

YES

$100

YES

$100

YES

$100

BLOOD ALCOHOL OR DRUG CONCENTRATION TEST FEE

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

YES

$250 if convicted and submitted to a chemical test (blood, breath or urine)

LICENSE REVOCATION

1 year

2 years

Minimum 6 years

Maximum 10 years

Minimum 8 years

RESTRICTED DRIVER’S LICENSE

POSSIBLY

If no serious bodily injury or death. Not available for Commercial Motor Vehicle (CMV) driver’s license.

Only after expiration of one year of license revocation, and with compliance with other special conditions, if no serious bodily injury or death.

None Available

None Available

VEHICLE FORFEITURE

POSSIBLY

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

INTERLOCK DEVICE

POSSIBLY

At the discretion of the court or mandatory if certain conditions are present.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

POSSIBLY

At the discretion of the court or mandatory if have prior DUI conviction in past 5 years.

ALCOHOL SAFETY/DUI SCHOOL OR VICTIM IMPACT PANEL

MANDATORY

POSSIBLY

POSSIBLY

POSSIBLY

REHABILITATION PROGRAM

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

COMMUNITY SERVICE

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION

JUDGE’S DISCRETION



 

 


 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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