Legal Question in Criminal Law in Tennessee
Does a person convicted of DUI have the right to know the state requirements to regain their driver's license in a timely manner, so that they can either appeal the court decision or the suspension requirements?
I received a letter from Tennessee Dept. of Safety 2 days after my court case saying what my requirements would be to regain my license. However, DUI laws changed 11 days before my arrest and the state used their old letter, in which an interlock device wasn't a requirement for me.
Additionally, on their website there is a place you can see a person's requirements listed. I always only had the SR22 and the reinstatement fee. the day after paying my reinstatement fee and 367 days after my conviction the interlock requirement came up.
Thank you,
JO
1 Answer from Attorneys
If "the law was changed" (A newly enacted law came into effect 11 days before you committed your crime) then YES, you are subject to the punishment of the new law. Whether or not an ignition interlock device is required depends on the nature of the offense, your history, and what the judge ordered as a part of sentencing options. Sometimes the interlock is required, sometimes it is optional.
You need to ask the attorney who originally handled your case if you are obligated to have an interlock, and for how long.
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