New resident to state & don't have a state issued drivers license
I recently moved to Nashville,TN from Grenada,MS. I haven't got a TN drivers license yet. I was charged with a DUI recently, I have one on my record from MS(just last year). Would this be a second offense,would TN implied consent apply,would I lose my MS license,and would I be able to get a TN license if found guilty??
1 Answer from Attorneys
Re: New resident to state & don't have a state issued drivers license
Assuming TN learns of the earlier DUI, and it was within 10 years, you should be charged with DUI 2nd, but there are ways to attack the earlier conviction in come cases, and to avoid conviction for 2nd offense, keeping the conviction as a first offense DUI. Tennessee's Implied COnsent law will apply any time you are driving on a street or road or highway in Tennessee -- the idea is that by your act of driving on the state's road you have implicitly CONSENTED to taking a blood or breath or urine test from your blood alcohol, and that if you do NOT consent, you will not be driving (since it is illegal to refuse the test).
While Tennessee can not revoke your MS license, if you are convicted of DUI in TN, MS will revoke your license there. If you are convicted of DUI in TN, you will have to first wait the required revocation period before you can get a TN license -- one year for DUI 1st and 2 years for DUI 2nd.
Contact an experienced local attorney who does a good deal of DUI work.
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