DUI charges can lead to penalties that are dependent on the number of times a person has been convicted of DUI. Other factors can possibly play a role and lead to an upgrade of charges or increased possible penalties. One factor that can impact DUI charges in Tennessee is if there are minor children in the vehicle at the time of the incident. Recently in Tennessee, a man was arrested for DUI while he had two children in his pickup truck with him.
The incident started when police saw the man make what they say was an illegal crossing on the highway. The vehicle was pulled over by the police. The officer reported that the man had red eyes and that there was the smell of what was believed to be marijuana. There were also two children inside the vehicle. The children inside were a 3-year-old and a 4-year-old.
Field sobriety tests were given, which police say the man failed to do correctly. A substance believed to be marijuana was found and the man also reportedly said he took prescription drugs of some kind before he put the kids in the vehicle. He posted bond after being jailed for the incident.
The driver refused to consent to chemical testing. The charges pending against him include DUI charges and also a charge of reckless endangerment, presumably related to having the children in the vehicle at the time. In Tennessee, anyone arrested and facing DUI charges could benefit from legal counsel. Such counsel could help the accused understand how the use of or refusal of chemical testing can impact a case.
Source: herald-citizen.com, "DUI driver charged with reckless endangerment of kids", Tracey Hackett, April 8, 2015