DUI Law
Tennessee DUI
A Summary of Tennessee DUI Law in Plain English
The information on this page is a summary of Tennessee DUI Law and contains the most up-to-date version of the law and penalties in plain English. If you have been stopped for DUI (either alcohol or drugs), you need more than just a criminal defense attorney. You need the best DUI defense lawyer you can find.
Two Types of DUI cases
Although several parts of the Tennessee Code pertain to DUI cases, the main DUI statute is found in T.C.A. Section 55-10-401. If you are charged with a Tennessee DUI, most violations will occur in its various subsections. Most lexperienced DUI lawyers know that this statute defines two separate forms of DUI violations. The first form of DUI violation is referred to as an "appearance and demeanor" DUI and the second form of DUI violation is referred to a "per se" or "unlawful level" violation.
Appearance and Demeanor Definition
If you are charged with this form of DUI, the prosecuting witness will have to prove that you are under the influence of alcohol, drugs, glue or a combination of the same to the extent that you are less safe to drive as a result of such consumption. The officer typically makes his case by testifying as to any physical manifestations you exhibit (e.g. odor of alcohol, bloodshot glassy eyes, unsteady on your feet, slurred speech), or by any unsafe driving maneuver.
Per se Definition
To be charged as a "per se" violation, you either must have an unlawful blood alcohol level (see below for limits). Keep in mind that the prosecuting witness would not have to prove that you were a less safe driver. He would only have to prove that you had an unlawful blood alcohol level.
Legal Limits of Alcohol
Most people believe that yo uhave to have the magic .08 blood alcohol level in order to be convicted of a DUI under Tennessee law. Nothing could be further from the truth. Tennessee law provides that a jury or other trier of fact could still convict you of a DUI. However, the prosecutor would still have to prove his case by the above appearance and demeanor standard.
The law provides a 'rebuttable presumption" of guilt for anyone who does register an unlawful blood alchol level of over .08.