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June 02, 2010

Previous DUI Conviction Not Admissible to Enhance Sentence

Under Tennessee law, a prior DUI conviction raises the standard minimum sentence of 48 hours in jail to 45 days in jail on a new DUI charge. Two prior convictions means a DUI defendant is facing a minimum sentence to 120 days and the minimum sentence increases with subsequent convictions.
The Tennessee Court of Criminal Appeals in Tennessee v. Albright, recently held that a prior conviction in which the judgment did not contain the trial judge’s signature was not adequate to establish a prior conviction, finding such judgment to be void, and thus ordered that the defendant’s sentence be reduced.
Tennessee Court of Criminal Appeals Opinion
A criminal defendant should contact an attorney experienced in DUI law that is aware of all possible defenses to their case.