2nd dui TN

[itsmewhoelse]

What is the name of your state (only U.S. law)? TN

My question involves criminal law for the state of: Tennessee

Got a second DUI . 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.""
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[itsmewhoelse]

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.

 

[seniorjudge]

What statute number are you charged under?

 

[itsmewhoelse]

T.a.c. 55-10-401.

 

[seniorjudge]

T.a.c. 55-10-401.

You are a winner!

[A] conviction for the offense of driving under the influence of an intoxicant committed in another state shall be used to enhance the punishment for a violation of § 55-10-401 in this state.

DUI Laws - General Sessions Judges - Knox County Tennessee - A Great American Community

 

[itsmewhoelse]

huh??

 

[seniorjudge]

...
Will Tennessee charge me for 2nd offense? Will they be able to see or use my first DUI from Michigan?
...

See post #5 for the answers.

 

[itsmewhoelse]

yea what about it? i m a winner???

 

[ReformedMan]

He was saying yes, this counts as number 2.

 

[itsmewhoelse]

Doubt it. i already talked to a Lawyer and they said it does not and they not look it up because MI doesnt share info

 

[seniorjudge]

Doubt it. i already talked to a Lawyer and they said it does not and they not look it up because MI doesnt share info

Michigan doesn't have to share the info.

The cops still have access to those convictions.

 

[itsmewhoelse]

The cop even told me this was my first
But who knows maybe they will up it at court

 

[ReformedMan]

They have plenty of time to look it up, don't you worry.

 

[itsmewhoelse]

Welp,
went to court today. Gt offered a DUI the 1st.. So glad they didnt count it as my 2nd DUI. They didnt catch my 1st DUI from Michigan so i took the DUI plea QUUUUICK!!!

The cop also made a mistake on the report and said the speed limit was 55MPH when indeed it was 70 MPH so who knows, I probably could had beaten the DUI or got a better deal but I didnt want to stretch my luck and then have them find out about my 1st DUI..

So all I got is a DUI 1st, 1 year suspension with restricted licensed ASAP, and 24 hours roadside trash pickup

 

[FlyingRon]

They didn't charge you with a speeding related offense so it is immaterial unless you he stated you were doing a speed which was, in fact, legal and that was the reason for the stop you might be able to challenge probable cause for the stop.

But that's all water under the bridge now.

The compact just mandates that states will give reciprocity on the charges. All states participate in the NDR which means that yes they should have been able to find your first conviction and based on the statute counted it. You were lucky.

Please do us all a favor and avoid a third.