Tennessee Criminal Law

DUI Rights of The Accused

If you are pulled over for driving under the influence or arrested for DUI in Tennessee, you have certain legal rights. It is important to know your rights under Tennessee DUI law so that you can assert them.

You have the right to refuse taking a chemical test (blood alcohol test, etc.) that will determine the alcohol content of your blood. However, if you refuse to take a chemical test you may lose your drivers license under the Tennessee implied consent law. You also have the right to refuse to take a field sobriety test.

You have a right not to offer evidence against yourself. You do not have to answer questions asked by the officer that would implicate you in a crime. At trial the state must prove beyond a reasonable doubt that you are guilty of every element of the crime of Tenn. DUI. You are under no duty to help the police convict you; remember you have the right to remain silent.

After you are formally charged you have the right to legal council at all critical stages of trial. If the police attempt to interrogate you after the arrest, you have the right to assistance of council during any custodial interrogation.

Proposed Law Would Make it a Crime to Use Cell Phone in School Zone

A new bill has been introduced in the Tennessee Senate by Senator Cooper. The bill would make it a crime to use a cell phone while driving in a school zone 90 minutes before and after the school day. The bill proposes that the offense should be a class C misdemeanor.

Who has a right to a Jury Trial?

A defendant has a right to a jury trial in all criminal cases except small offenses, under Tennessee law. Small offenses are defined as cases where the potential sentence is less than $50 and carries no jail time. The defendant may waive the right to jury trial if the court and prosecution agree.