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January 12, 2011

With New DUI Laws Those with a Prior DUI Find Getting Out of Jail Much Tougher

With the exception of those facing lethal injection, persons in jail on a DUI charge in Tennessee that have a prior conviction for DUI, Vehicular Assault, or Vehicular Homicide are finding that the new DUI laws that came into effect on January 1, 2011 make it harder for them to get out on bond than any other class of defendants.
While the Tennessee Constitution provides in Article 1, Section 15 “that all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great,” Tennessee Code Annotated 40-11-118 was amended to provide:
If the defendant has one (1) or more prior convictions for § 39-13-106, § 39-13-213(a)(2) or § 55-10-401, the defendant shall not be released unless the court first determines the defendant is not a danger to the community. The court may consider the use of monitoring devices to eliminate danger to the community including, but not limited to:
(1) Ignition interlock devices;
(2) Transdermal monitoring devices or other alternative alcohol monitoring devices;
(3) Electronic monitoring with random alcohol or drug testing; or
(4) Pretrial residency in an in-patient alcohol or drug rehabilitation center.
There are sure to be challenges to this law down the road, but for now those with prior DUIs definitely need to contact an attorney to help them get out on bond as soon as possible. If your friend or family members needs an immediate assistance, don’t hesitate to contact Vince Wyatt or David Raybin at (615) 256-6666 or vwyatt@hwylaw.comor