(ThyBlackMan.com) The laws regarding drunk driving are relatively straightforward. You can be charged with a DUI or as a drunk driver in two different ways. First, based on your BAC (blood alcohol content) and secondly, based on your impairment due to alcohol regardless of your blood alcohol content.
If you are facing any of these charges in Tennessee, you may want to understand the basics of the relevant laws. You should also contact a reliable and experienced lawyer who can evaluate the details of your case, represent you in court (when necessary), and prepare a strong defense.
If you are charged with drunk driving, you’re alleged to be in violation of drunk driving laws in Tennessee. That means your BAC is 0.08% or higher. You might also be in breach of the same laws if your BAC is less than 0.08% and you are deemed too impaired to drive because of alcohol consumption. Therefore, no matter your blood alcohol content, there is a good chance you can be charged with a DUI in Tennessee if an officer finds out you are drunk while driving.
Most DUI offenses in Tennessee are considered class A misdemeanors. But if you have committed four or more drunk driving-related crimes, you will be charged with what most law experts call a Class E felony. Remember, Tennessee has zero-tolerance laws that deter all drivers under 21 from driving when drunk. That means it is unlawful for anyone under 21 to drive with a blood alcohol content of 0.02% or higher.
DUI traffic stops
For the law enforcement professionals to stop you and charge you under the state’s drunk driving laws, the officers must observe your behavior and have a reason to believe that you may be intoxicated. Once you are asked to pull over, the officer will determine whether or not you driving while drunk by checking a few physical cues.
Field sobriety tests
Once the officers observe your behavior, they might ask you to perform a few tests. These tests include walking in a straight line, repeating and turning. You may also be asked to balance on one foot with your arms on your sides and probably the following something your eyes without moving your head.
Implied consent laws
If you’re caught driving while drunk, the officers might ask you to take a breathalyzer test to determine your BAC. This test helps determine a driver’s BAC based on alcohol concentrations in their breath. Just like other states, Tennessee has what’s known as implied consent laws. That means the moment you apply for a driver’s license, you automatically agree to consent to some tests such as chemical tests and breathalyzer to establish your blood alcohol content.
If you refuse the test, your driver’s license will be revoked for a year. If it is your second time refusing a test, your license will be revoked for two years. Sometimes, your license may be revoked for five years if your DUI caused a person’s death.
Staff Writer; Doug Small