When Does Your License Get Taken Away?
Tennessee is known for its strict DUI laws, especially in greater Nashville. You can even be charged with drunk driving for merely being in your vehicle while intoxicated. No ‘driving’ necessary.
License revocation is often a mandatory penalty associated with even first-time DUI offenses in Tennessee. However, an experienced Nashville drunk driving defense lawyer from Andrew C. Beasley, PLLC, might help you defeat DUI charges, obtain a restricted license, and get your full license reinstated. Call 615-846-9889 or contact our legal defense team online to discuss when your license gets taken away after a DUI in Nashville.
Refusing to Submit to a BAC/Breathalyzer Test
If you refuse to submit to a blood alcohol or breathalyzer test, your license may be immediately revoked without a DUI conviction under Tenn. Code Ann. § 55-10-406 as follows:
- First offense: 1 year
- Second offense: 2 years
- Crash resulting in injuries: 2 years
- Fatal crashes: 5 years
Speak with an attorney immediately to challenge revocation in these cases, as you must be convicted under Section 55-10-406 before the court can take away your driver’s license. An experienced DUI defense lawyer may argue that the initial traffic stop was unconstitutional, voiding any refusal charges and license revocations.
Driving Under the Influence (DUI) Convictions
If you’re convicted of drunk driving under Tennessee’s general DUI law (Tenn. Code Ann. § 55-10-401), you’re subject to the penalties outlined in § 55-10-402. These penalties include the mandatory suspension of your driver’s license upon conviction. This means your full license will get taken away if you’re convicted of a DUI in Nashville.
First-time offenders generally have their licenses suspended/revoked for 1 year, while subsequent offenders face longer periods of mandatory revocation. However, an experienced attorney can request the court to restrict your license rather than suspend it in such cases. This license generally allows you to drive to school, work, and treatment programs during the restricted period. The court might also set certain driving hours depending on the facts of your case. With the right DUI defense attorney, you can protect essential license functions even if your full license gets taken away.
Aggravated Drunk Driving Offenses
In some cases, the court may take your license away for an extended period. Aggravated drunk driving charges carry harsher penalties, and you may lose your license for up to 10 years if you’re convicted of endangering a child, causing bodily injury, or killing someone while operating a vehicle under the influence of drugs or alcohol. Restricted licenses are not available in these cases, but a lawyer might help you apply for reinstatement after the mandatory suspension period.
Contact an Experienced DUI License Revocation and Reinstatement Lawyer in Nashville
The best way to prevent your license from being taken away after a DUI is to defeat the conviction in court with the help of dedicated legal counsel. However, an experienced drunk driving defense attorney might also fight to obtain a restricted license for you or convince prosecutors to reduce aggravated drunk driving charges to general DUI charges. Contact Andrew C. Beasley, PLLC, Attorneys at Law, to discuss Nashville drunk driving charges today by calling 615-846-9889 or connecting with us online.