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  1. #1
    Join Date
    Jun 2008
    Posts
    250

    Default 2nd DUI in Tennessee

    My question involves criminal law for the state of: Tennessee

    Got a second DUI over the weekend. My first DUI was 1 year ago in Michigan. Will Tennessee charge me for 2nd offense? Will they be able to see or use my first DUI from Michigan?

    Right now I am charged as a first time offender. I do believe Michigan and Tennessee are not apart of the Interstate Driver's License Compact.

    ""The list of states, below, indicates whether a given state belongs to the Interstate Driver's License Compact, and if so, the year they joined. Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan are all Non-compact states and don't share Drunk Driving (DUI and DWI) conviction information.""

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: 2nd DUI in Tennessee

    The fact that a state isn't part of the driver's license compact doesn't mean that a prosecutor cannot obtain your driving record or criminal record from another state. If the prosecutor requests a copy of your record from Michigan, Michigan will send it. You will have to wait and see what happens.

  3. #3
    Join Date
    Jun 2008
    Posts
    250

    Default Re: 2nd DUI in Tennessee

    I talked to a lawyer here and they said they will not see my MI dui and will not use it against me

  4. #4
    Join Date
    Jun 2008
    Posts
    250

    Default Re: 2nd DUI in Tennessee

    Ok funny thing is now I read the police report. The officer stated I was going 80 in a 55 mph speed zone, but infact i drove past the area yesterday and it is a 70 MPH speed zone. So it looks like he may have screwed up.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 2nd DUI in Tennessee

    You were still speeding.Since the officer did have legal justification for detaining you, which I presume is when he realized you were DUI, the misstated speed limit is not going to change the DUI case.

  6. #6
    Join Date
    Jun 2008
    Posts
    250

    Default Re: 2nd DUI in Tennessee

    It could. if he didn't even know the proper speed limit what makes you think he knew my speed limit while "so called" tailing me..


    He also waited i think about 2 hours to test me. jail was busy. Here in TN they have to test you within 2 hours. Also he used another Cops car to give me the breath test on the huge Atari game machine. In the process he also dropped the machine on the ground by accident which could had banged it up some.

    So who knows?? How does the cop even knows that the other cop machine was properly tuned

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 2nd DUI in Tennessee

    you go with those defenses then. I am sure the courts will see things your way.

  8. #8
    Join Date
    Jun 2008
    Posts
    250

    Default Re: 2nd DUI in Tennessee

    Im sure they will too, then again it is the law they must do it within 2 hours. And my hands was handcuffed at the front so i could had put anything in my mouth

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