What Is A DUI Under Tennessee Law?

All crimes have elements. The elements of a crime constituting parts parts of the crime the State must prove beyond a reasonable doubt to be convicted. TCA § 55-10-401 (a) defines the elements of the offense of driving under the influence of an intoxicant or drug, commonly known as DUI, or in some states CFA (impaired driving) or IUP ( operating under the influence).

The elements of the offense of driving under the influence are:

1. Anyone driving or being in physical control of a car or other vehicle driven. The term motor vehicle may include lawn mowers, ATVs, motorcycles, scooters, or any other device powered by a motor.

On a second public road or highway in the state of Tennessee, or any street, alley, all the local shopping center, trailer park, building complexes, or other generally frequented by the general public.

3rd (A) While under the influence of intoxicants, marijuana, narcotic or drug producing stimulating effects on the central nervous system, or:

(B) with a blood alcohol concentration or breath of.08% or more.

The legislature of the State of Tennessee has established a per se violation of DUI. A per se violation occurs when the blood of an individual or a blood alcohol level is.08% or more as in Section 3 (b) above. The law establishes that there is no intent or knowledge required to be guilty. A driver can operate his car with the skill of a NASCAR driver and still be convicted of impaired driving.

In the criminal courts in Nashville, Davidson County District Attorneys Office will generally charge a citizen of two points if a DUI breath or blood involved. The first charge is a violation of the law into their own section 3 (b) above, or if their blood alcohol level exceeds of.08%. The second charge of DUI will be in section 3 (a) above, where your driving is impaired. It is quite possible to be found guilty of two counts of impaired driving for the same incident.

Unfortunately, the state legislature has not taken the time to clearly define the term "under the influence" and was left to judicial interpretation. Evidence of being under the influence can be direct or circumstantial evidence is some of the police and the factors of gaze Court are as follows:. the smell of alcohol, physical behavior, such as slurred speech or red eyes, bloodshot and Admissions recognition of their drinking. Court also rely on the SFST evidence to determine intoxication.