DRIVING UNDER THE INFLUENCE

       

 
                                                                       MurfreesboroDUI.COM

Text Box: Mr. Martin provides a free initial consultation in DUI cases. Mr. Martin represents in Rutherford, Cannon, Bedford, Davidson Counties and throughout Middle Tennessee. He represents clients in all phases of trial in Juvenile, General Sessions and Circuit Court. Click for Contact Information Every DUI case will differ, depending on the particular facts and circumstances. This summary is intended to be general in nature and not relied upon without individual consultation with a well qualified lawyer. HOW TO I GET A DUI? The first step towards a DUI involves consuming alcohol or drugs, either legal or illegal, to the point at which your ability to operate a motor vehicle is impaired. Tennessee’s statute defines a DUI as follows: 55-10-401. Driving under the influence of intoxicant, drug or drug producing stimulant prohibited — Alcohol concentration in blood or breath. — (a) It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while: (1) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or (2) The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08 %) or more. CAN I FIGHT MY DUI? A charge of DUI can be successfully defended. There are many things to challenge in a DUI case such as the initial stop made by the officer, the probable cause for the arrest, the Field Sobriety Tests, the administration of the breathalyzer test, and many other legal possibilities. By contacting an attorney your case can be evaluated to find any possible defense. However, you must understand that your outcome rests in the facts of your case. The officer that arrested you may specialize in DUIs. It is likely that your entire stop was video tapped by the officer for the judge or jury to see. If the officer has you “red handed” it will be difficult to fight your DUI but having an attorney can make a huge difference in the final outcome of your fines and sentence. SHOULD I BLOW? By obtaining a driver's license, you have consented to taking a chemical test to determine your blood alcohol level. If you refuse to take a chemical test (breath or blood) your driver's license can be taken for one year. If your test registers .08 or more you have committed a crime. As a general rule you should blow if you believe you can pass the chemical test and you should not blow if believe your test will register .08 or greater. It is best to avoid every having to decide the question. Before you drive make sure to ask yourself if you should be behind the wheel. Any amount of alcohol or drugs combined with driving may put you in a position to make that decision. Don’t take a chance, take a cab or call a friend. Remember that the State can convict you of DUI by proving that your blood alcohol level was .08 or greater, or by proving your driving was impaired by alcohol. HOW MUCH DRINK DOES IT TAKE? These charts offer approximate blood alcohol percentages that would be expected for men and women of about these weights and for various amounts consumed. One drink is considered 1.25 ounces of 80 proof spirits, one 12-ounce serving of "regular" (5% abv) beer or 5 ounces (one glass) of table wine. Also, subtract .01% for each 40 minutes of drinking. Men Drinks Body Weight in Pounds 100 120 140 160 180 200 220 240 1 .04 .03 .03 .02 .02 .02 .02 .02 2 .08 .06 .05 .05 .04 .04 .03 .03 3 .11 .09 .08 .07 .06 .06 .05 .05 4 .15 .12 .11 .09 .08 .08 .07 .06 5 .19 .16 .13 .12 .11 .09 .09 .08 6 .23 .19 .16 .14 .13 .11 .10 .09 7 .26 .22 .19 .16 .15 .13 .12 .11 8 .30 .25 .21 .19 .17 .15 .14 .13 9 .34 .28 .24 .21 .19 .17 .15 .14 10 .38 .31 .27 .23 .21 .19 .17 .16 Women Drinks Body Weight in Pounds 90 100 120 140 160 180 200 220 240 1 .05 .05 .04 .03 .03 .03 .02 .02 .02 2 .10 .09 .08 .07 .06 .05 .05 .04 .04 3 .15 .14 .11 .10 .09 .08 .07 .06 .06 4 .20 .18 .15 .13 .11 .10 .09 .08 .08 5 .25 .23 .19 .16 .14 .13 .11 .10 .09 6 .30 .27 .23 .19 .17 .15 .14 .12 .11 7 .35 .32 .27 .23 .20 .18 .16 .14 .13 8 .40 .36 .30 .26 .23 .20 .18 .17 .15 9 .45 .41 .34 .29 .26 .23 .20 .19 .17 10 .51 .45 .38 .32 .28 .25 .23 .21 .19 .                                                                    THE LAW OFFICE OF   TIMOTHY MARTIN

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Timothy W. Martin

Attorney at Law

201 W. Main, Suite 302

Murfreesboro, TN  37130

(615) 849-3928

TWMartin51@comcast.net

 

 

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