Protecting yourself from strict DUI Tennessee Laws
The United States implements strict DUI laws, and in most states a DUI conviction can lead to serious penalties, from heavy fines to jail time. Tennessee DUI follows the same 0.08% legal limit for Blood Alcohol Content (BAC) and if found guilty, an offender can get his or her license confiscated up to ninety days. For repeat offenders, the license can be revoked permanently. Indeed, DUI is not something that can be taken lightly. DUI, or driving under the influence, is one of the few crimes that you can be convicted with solely on the estimation of a police officer. First-time DUI offenses are classified as misdemeanors. This is when the suspected driver does not cause any actual road accidents, but when stopped for checkpoint or suspicion, is found to reach or exceed the DUI limit of 0.08% BAC. In Tennessee, a fourth DUI offense is classified as Class E Felony and an offender can face a jail sentence. In this case, hiring Tennessee dui attorneys is recommended to lessen or pacify the penalty or sentence.
The Tennessee DUI Law
Under the Tennessee DUI Law, the court has to prove that the person, beyond reasonable doubt, was operating a motor vehicle on any public road or any other premises frequented by the public while under the influence of alcohol or drugs, or with a blood alcohol content of 0.08% or higher. Even if there is no evidence that the driver’s ability to drive is actually impaired and is a threat to the safety of motorists, pedestrians and private and public property, the person can still get a DUI offense as long as he or she is found to have a blood alcohol level that is 0.08% or higher. This is called driving under the influence “per se.” DUI is also applicable for driving under the influence of a narcotic, whether legal or illegal, and even if the said narcotic was prescribed to the person by a physician.
Serious penalties for DUI offenses
Under the Knoxville DUI attorney law jurisdiction, A DUI first offense subjects a person to a maximum sentence of eleven months and twenty-nine days, and a minimum of forty-eight hours in jail. If the blood content of the person is found to be 0.20% or higher at the time of the offense, the person is subjected to a minimum of seven days in jail. Even for a first offense, the minimum fine and court costs is $350.00. In addition to that, the offender’s driver’s license is revoked for a period of one year and enrollment in a DUI education course that is court approved is mandated. Furthermore, the judge may also require the offender to attend AA (Alcoholics Anonymous) meetings. The penalty does not only apply to DUI convictions. When a defendant is found guilty of refusing to submit to a DUI test, whether blood, breath, or urine tests, after being lawfully requested by an officer, the person can get his or her license revoked for a period of one year. And this is just the first offense. For repeat offenders, penalties are harsher, and with every subsequent conviction, penalties only escalate. The offender’s vehicle may be seized, as in asset forfeiture Knoxville, by the state. A fourth conviction is considered a Felony and the offender will have to face a prison sentence in a state prison.
The bias against DUI
Drunk driving is a serious offense, many people lobby against drunk driving and pressure the government to impose strict laws and penalties on drunk driving because of the fatalities caused by alcohol-related accidents, especially on the road. Alcohol consumption can impair a person’s vision, hearing, sense of direction, and intelligence, all aspects to driving safely. However, driving after having had a few drinks does not immediately translate to road accidents. The chances of traffic accidents are higher, sure, but other factors such as sleepiness, inattentiveness (using a mobile phone while driving) and plain idiocy also greatly increase the chances of road accidents, probably in the same degree as driving after having drunk two beers. Still, the penalties imposed for drinking while driving is more biased and severe. Thus, it is better to know your alcohol limit before thinking of going behind the wheel. Once you get convicted, hiring a criminal defense lawyer Knoxville can help you get out of the DUI rut.
Sobering up for safety
In a person with an average height and weight, more than one bottle of beer is enough to exceed the legal limit of BAC. Of course, the best measure to avoid a DUI offense is to stay sober when you know you have to drive or to simply not drive when you have had a couple of drinks. But this is easier said than done. If you must drive after drinking, there are measures you can do to stay safe and lessen your body’s alcohol content. The tricky thing about measuring BAC is that it varies from person to person, depending on weight, height, gender, and body fat. The alcohol percentage of alcohol drinks also vary from bottle to bottle and from one type of drink to the next. It’s hard to estimate the BAC when you have no scientific measures to do so.
You can purchase a breathalyzer to be sure of how much alcohol you have in your blood. If you can’t afford one, a good rule of thumb is to space your drinking. One bottle of beer can dissipate from your body after roughly an hour and a half. Sweating also helps to clear the alcohol from your body so move a lot! Eating also helps to slow down the alcohol absorption in your body, especially high protein and oily foods. Also, don’t gulp or chug down your drink. You can make a drink last for the night by sipping it and savoring the drink’s flavor and aroma. When worse comes to worst and you’re convicted of DUI lawyers Knoxville are of great assistance.
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