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Those Charged With Multiple DUIs Face Uphill Battle in 2012

Tennessee's new multiple DUI law went into effect on January 1, 2012. Anyone with a prior DUI conviction will now be required to submit to either a breath or blood analysis test.

    January 12, 2012 /Law and Legal PR News/ -- Those Charged With Multiple DUIs Face Uphill Battle in 2012

WTVC reports that a new bill targeting those with multiple DUI convictions went into effect on January 1, 2012, and will require anyone with a previous DUI on his or her record to take either a breath or blood analysis test. These tests were optional in the past even though the state has implied consent laws, thus making it more difficult for prosecutors to obtain convictions.

Authorities say they are hopeful that the new law will help deter repeat DUI offenders from driving and make them more apt to plan sober rides or avoid excessive drinking altogether. Finally, according to WTVC, it will be the officer on scene who will determine whether to administer a breath or blood test.

How Will the Changes Affect Those Accused of DUI?

These changes might make it easier for prosecutors to successfully convict those accused of DUI in Tennessee because prosecutors will have blood alcohol content evidence they might not have otherwise had in the past.

As a result, in 2012 it will be more important than ever for repeat DUI offenders to protect their rights throughout the criminal process. This begins with an analysis of the traffic stop, the arrest and administration of the field sobriety test. Police do not always have probable cause to pull a vehicle over, nor do they always follow proper procedures during the arrest.

Failure to investigate every aspect of a DUI charge -- especially for those with multiple prior convictions -- could result in:
-Significant jail time
-Thousands of dollars in fines
-Extended license revocation
-Vehicle seizure/forfeiture
-Alcohol counseling courses
-Installation of an Ignition Interlock Device in a person's vehicle

These penalties will vary in severity depending upon the number of prior DUI convictions a person has, as well as how long it has been since his or her last offense.

Anyone charged with a DUI should speak with an experienced criminal defense attorney to learn about his or her rights and legal options.

Article provided by Law Office of Kenneth W. Brashier
Visit us at www.brashierlaw.com


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