Legal Question in DUI Law in Tennessee

I got a DUI in the state of Tennessee in 1998. I had 1 drink at a birthday party and on my way home I had an accident and hit a fence on a sharp curb. I went home as I was only a .5 miles from home and the county police came out as the farmer phoned about his fence. I came home and drink about a 1/4 of a bottle of rum before the police arrived. They did a sobriety test and I did pass but wanted me to take a breathalyzer so I road with them to the station and took it and was charged with a DUI. It was a first offense and I was able to drive to/from work and paid my fines. I recently moved to Texas and now have a Texas license. I am trying to appy for professional jobs since my DUI I graduated from college with a Masters and have been employed since graduation. I am filling out applications for employment and am being honest anout the DUI, but I believe that it is preventing me from getting interviews. How long will a dui stay on my record? and can I have it expunged as the police officer did say numerous times that he did not believ I was drunk?


Asked on 8/10/10, 6:06 pm

1 Answer from Attorneys
Charles Bloodworth

It is much too late to have the conviction set aside by appeal or post-conviction relief.

The time to challenge the stop, and the intoximeter results, would have been about 12 years ago.

A DUI stays on your driver's record and your criminal history forever.

It can be used to enhance punishment (that is, to make another conviction a "DUI, second offense") for 10 years.

The only way to have it expunged at this point would be an application for Governors Clemency (and you might want to do that quickly, while Gov. Phil Bredesen is leaving office).

Here is some information:

http://www.state.tn.us/bopp/Docs/ClemencyApplicationProcess=02-13-03.pdf

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Answered on 8/16/10, 1:12 pm


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