If you have been arrested for DUI/DWI in Tennessee, how do you know if a prior DUI or DWI conviction may be used against you to increase your punishment? Tennessee law establishes a “look-back” period to determine whether your prior offense will be used to enhance your Tennessee DUI sentence (i.e. to a TN DUI 2nd offense, Tennessee DUI 3rd offense, etc.). For Tennessee DUI offenses committed on or after July 1, 2010, the way in which this “look-back” period is calculated has changed:
Tennessee DUI offenses prior to July 1, 2010: Calculate from the date of conviction on the prior offense to the date of conviction on the current TN DUI charge.
Tennessee DUI offenses on or after July 1, 2010: Calculate from the date of the offense of the prior DUI conviction to the date of the offense for the current DUI charge.
These changes can be found in Tennessee Public Chapter Number 1080, which amended Tennessee Code Annotated § 55-10-403(a)(3). The full text of all Tennessee Public Chapters can be found by visiting http://tnsos.org/acts/PublicActs.106th.php?showall.
For more information about this new Tennessee DUI law, you may contact the Oberman & Rice Law Firm, Knoxville, TN DUI lawyers, at 865-249-7200 or visit us at www.tndui.com or www.duiknoxville.com.
