How Long Does a DUI Stay on Your Record?
Tennessee has some of the harshest DUI laws in the country. If you’re convicted of driving under the influence of drugs or alcohol in Tennessee, it stays on your record for life. Drunk driving is a criminal, not a traffic offense. It does not drop off your driving record like a speeding ticket. Conviction means you will have a permanent criminal record that might enhance the penalties associated with future criminal offenses.
Do not admit to Tennessee DUI charges without speaking with a dedicated drunk driving defense lawyer. Driving under the influence is a serious crime that is not eligible for expungement in the state. The only way to protect yourself from the consequences of driving under the influence conviction is to retain legal counsel now.
Consequences of a DUI Conviction in Tennessee
In addition to staying on your record for life, a drunk driving conviction might carry jail time and fines and prevent you from driving. Getting your license suspended has a significant impact on your ability to maintain employment. You might be considered too risky to hire for any driving-related employment, even after your license is returned, and many employers automatically disqualify applicants with criminal records.
The direct consequences of a first-time DUI conviction in Tennessee include the following:
- Up to 1 year imprisonment
- Mandatory minimum jail time
- License revocation up to 1 year
- Drug and alcohol treatment program
- Restitution to victims
- Fine up to $1,500
- Installation of an ignition interlock device
Penalties increase for second-, third-, and fourth-time offenders. However, the DUI ‘look back’ period is only five (5) years. Tennessee drunk driving charges will remain on your criminal record forever, but the court will only look at your driving record over the past five years for the purpose of the current offense.
Legal Defenses to Drunk Driving Charges
The best way to avoid the consequences of driving under the influence charge in Tennessee is to hire a DUI defense lawyer. Even if prosecutors offer you certain incentives to plead guilty, do not admit to drunk driving before retaining legal counsel. Experienced DUI defense attorneys might immediately identify the weakness in the prosecution’s case, getting drunk driving charges reduced to traffic infractions or dismissed. Common defenses to DUI accusations in Tennessee include the following:
- Lack of Control: If you were charged with a DUI when the vehicle was parked, an experienced criminal defense lawyer may argue that you were not in lawful control of the vehicle when police approached.
- Unlawful Stop: Law enforcement officers must have a valid reason to pull you over. Further, they may not randomly canvas parking lots or racially profile you. If the initial stop was unconstitutional, prosecutors must dismiss the case.
- Inaccurate Test Results: Dedicated defense counsel might argue that police used unreasonable and unreliable field sobriety tests or uncalibrated breathalyzers. This could result in courts having to assume that your blood alcohol level was within legal limits, defeating a DUI.
- Rising Blood Alcohol: If you were taken to the hospital for a blood alcohol test, your attorney may argue that too much time has passed between the arrest and the blood test. Your blood alcohol rises as alcohol is metabolized, meaning you may have been below the legal limit when the arrest occurred.
Raising a strong DUI defense before trial might result in reduced charges, such as speeding or reckless driving. These lesser-included offenses, though still serious, do not carry the same legal and social consequences as DUI charges in Tennessee.
Contact a Dedicated DUI Defense Attorney in Tennessee
Tennessee estimates that even first-time DUI offenders might incur over $5,000 in costs. It is always in your best interest to contact the practiced DUI criminal defense lawyer, Joshua T. Crain, immediately if you’ve been charged with drunk driving. Call us today or contact us online to schedule a consultation.