Most states have requirements that prosecutors must meet before convicting a defendant for a criminal offense, and Tennessee is no different. If you face criminal charges, working with an attorney who has a rich understanding of and deep experience with Tennessee criminal law is vital if you hope to have potential penalties reduced or dropped altogether. You can develop a better understanding of how to prepare a defense by understanding all of the conditions that prosecutors must meet. With that said, it is always best to have an attorney help you pinpoint precisely how to build and present your defense to be protected by the law.
Tennessee Criminal Law
According to Tennessee criminal law, no individual may be convicted for a criminal offense unless the following can be proven by the prosecution:
Driving under the influence does not limit the “influence” to alcoholic beverages. In the state of Tennessee, a driver can be convicted of DUI if he or she has taken any type of intoxicating substance -- including marijuana -- prior to getting behind the wheel. Even those who take drugs legally for medical purposes can be charged with DUI if they cause a car accident with prescription medication in their systems. Furthermore, anyone who chooses to drive while under the influence of drugs must submit to a chemical and/or field sobriety test if pulled over. A driver is allowed to refuse these roadside tests, although this may result in being arrested on suspicion of DUI. Following an arrest, a driver will usually be asked to take a chemical blood alcohol test at the police station or through blood being drawn at a hospital, and refusal of these tests will result in a driver’s license revocation for at least one year.
Tennessee Law Against Drugged Driving
The more times a driver is convicted of a drug-related DUI, the more severe the penalties. If a driver is convicted more than three times, the subsequent offenses are charged as felonies that are punishable with fines, jail time, and loss of driving privileges. Sentences for a conviction include:
Driving under the influence (DUI) is illegal in all 50 states. Tennessee passed a bill earlier this year to make the penalties for DUI offenses within a school zone more severe. Since most pedestrians in school zones are children, the need for safe driving is more important in order to keep the young ones protected from injury. The new law, which was introduced and passed in February, states that anyone driving under the influence in a school zone will be subject to double the punishment for an ordinary DUI offense outside of the school zone. For misdemeanor offenders, this means that both fines and prison terms will be doubled.
New Tennessee Law
The new Tennessee law for DUI offenses within school zones also covers:
Roadways can be dangerous places due to many factors, such as speeding vehicles, construction zones, and treacherous weather. There is a long list of injuries and damages that can occur as a result of a motor vehicle accident. Death is on that list, but in Tennessee, a person cannot be charged with first degree murder unless the victim's death was planned ahead of time. Instead, if someone is killed in a car accident, the person responsible may be charged with vehicular homicide. It is important to distinguish between the two charges, since the penalties are different.
Murder Versus Vehicular Homicide
Tennessee law defines murder in different severities. The worst is First Degree Murder, which is intentionally killing another person. The punishment for this crime is either life in prison or the death penalty.
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