The Most Important Factors in a DUI Case

27 Aug The Most Important Factors in a DUI Case

We are often asked: what are the most important factors that impact a DUI Case in Rutherford County, Tennessee?

For DUI cases in Tennessee, there are two critical factors that play into any agreement that can be achieved with the District Attorney: (1) the Blood Alcohol Content (BAC); and (2) any prior convictions for Driving Under the Influence (DUI).

Let’s take a look at each of these factors in Rutherford County DUI cases.

How BAC Affects Your Case

Under Tennessee Law, it is unlawful for any person to either drive or be in the possession of any automobile (or other motor vehicle) while either: (1) under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or (2) having a BAC of 0.08% or higher.

When you are arrested on suspicion of a DUI, the State will take a blood sample for testing with the Tennessee Bureau of Investigations to determine the BAC. If the sample returns a positive BAC of 0.08%, or higher, the State will prosecute you as a DUI offender. If the sample returns under a BAC of 0.08%, the State will send the blood for further testing to determine whether any drugs were in your system.

The results of what is in your blood are eventually sent to the District Attorney, who will use the results to make an offer to settle your case. But the bloodwork isn’t the only thing that factors into a DUI case. The District Attorney will also consider any prior convictions that you may have.

How Prior Convictions Affect Your Case

As mentioned above, the State will make their initial offer once they receive the results of your blood testing. If the State pursues DUI prosecution against you, the offer you receive will depend upon your prior alcohol-related offenses, if any.

If you are charged with a DUI First Offense, the most common charge in Rutherford County that we see, the minimum penalties include:

• Forty-Eight (48) Hours in Jail
• $350.00 Fine
• Eleven (11) Months and Twenty-Nine (29) Days Probation
• Twelve (12) Hour Alcohol Safety School
• DUI Victim Impact Panel
• One (1) Year License Loss
• Court Costs

If you are charged with a DUI Second Offense or higher, the minimum penalties increase for each additional offense on your record within the past ten years. For a summary of the minimum penalties for multiple DUI offenses, Click Here.

If you or a friend or loved one have been charged with a DUI Offense, you can call our experienced Murfreesboro DUI Attorneys for a free consultation. We are here to help. When it matters most.