If you are found to be driving over the legal blood alcohol concentration (BAC) limit of .08 percent, you will be arrested and will face a DUI charge. It is up to you how you defend yourself against this charge.
How you are charged will depend on other factors.
- Whether you caused injury as a result of your intoxicated driving
- Whether there was a passenger in your vehicle who was under the age of 18
- Whether you have been charged with DUI in the past
If there was a passenger under the age of 18 in your vehicle while you were driving over the legal limit, you will be accused of child endangerment and will face more serious charges. If you have been accused of child endangerment in Tennessee, it is important that you understand how the law works so that you can adequately defend yourself.
What is child endangerment under Tennessee law?
Child endangerment is defined as any DUI that occurred when a passenger in the vehicle was under the age of 18. This crime could lead to a Class D felony if the child suffers a serious injury, and a Class B felony if there is a child death. The driver of the vehicle could face between two and up to 30 years in jail if found guilty.
How are decisions made regarding the length of incarceration?
Many factors are considered when determining the length of the incarceration. The driver's criminal history will be taken into account, and it is likely that the age of the child, as well as the BAC reading will be considered.
How can I defend myself against child endangerment?
Everyone has the right to defend themselves against a crime. It is important that you take action to challenge the charges as soon as possible.