The Hanzelik Firm

DRIVING UNDER THE INFLUENCE (DUI)

1st Time DUI Offender

• .08 (BAC) [55-10-401] [55-10-403]
• 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401
• .20 BAC or greater minimum jail time 7 consecutive days
• License revocation for 1 year – Restricted License available
• You will be ordered to participate in an alcohol and drug treatment program
• Pay restitution to any person suffering physical injury or personal loss
• $350-$1,500 fine
• Ignition Interlock Device installed at your expense.
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
• Drug and Alcohol Treatment may be required at the judge’s discretion

2nd Time DUI Offender

• 45 days to 11 months, 29 days in jail
• $600-$3,500 mandatory fine
• License revocation for 2 years/Restricted License available
• Subject to vehicle seizure/forfeiture
• You will be ordered to attend an alcohol and drug treatment program
• Ignition Interlock Device installed at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
• Pay restitution to any person suffering personal injury or loss

3rd Time DUI Offender

• 120 days to 11 months, 29 days in jail
• $1,100 to $10,000 mandatory fines
• License revocation for 6 years/Restricted license available
• Subject to vehicle seizure/forfeiture
• Alcohol and drug treatment program
• Ignition Interlock Device installed at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

4th and Subsequent DUI Offender

• Class E Felony
• 1 Year (365) days of jail time with a minimum of 150 consecutive days served
• $3,000 to $15,000 mandatory fine
• License revocation for 8 years/Restricted license available
• Subject to vehicle seizure/forfeiture
• Alcohol and drug treatment program
• Ignition Interlock Device installed at your expense
• If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

The information above was provided by:
https://www.tn.gov/safety/publicsafety/duioutline.html

POSSESSION OF DRUGS or CONTROLLED SUBSTANCE

A charge related to the Possession of Drugs or a Controlled Substance can vary dramatically depending on the type of drug, the amount of the drug, and the manner in which it was manufactured, delivered, sold, and/or possessed.

For example, it is an A Misdemeanor to possess less than one-half ounce (14.175 grams) of marijuana but it is a felony to possess more than one-half ounce and the grading and punishment of the felony increases as the amount possessed increases.

The legislature has applied similar grading methodologies to other drugs but the amounts and punishments vary depending on the drug.

Please contact me to discuss the particular details of your charge for more information.

Call Attorney Ryan Hanzelik
to set up an appointment
(423) 305-1311

ASSAULT (Simple)

T.C.A. 39-13-101. Assault.

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

(b) (1) (A) Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer or a health care provider acting in the discharge of the provider’s duty, then the maximum fine shall be five thousand dollars ($5,000).

(B) Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the department of correction to the appropriate district attorney general for prosecution.

(2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant’s ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.

(c) For purposes of this section and § 39-13-102, “health care provider” means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession.