| All crimes have elements. The elements of a crime | | | | when a citizen's blood or breath alcohol level is.08% |
| constitute parts the parts of the crime the State | | | | or higher as in section 3(b) above. The statute |
| must prove beyond a reasonable doubt in order to | | | | establishes that there is no intent or knowledge |
| be convicted. T.C.A. § 55-10-401(a) defines the | | | | required in order to be guilty. A driver could be |
| elements for the offense of Driving Under the | | | | operating his car with the skill of a NASCAR driver |
| Influence of an Intoxicant or Drug, which is | | | | and still be convicted of DUI. |
| commonly referred to as DUI, or in some states | | | | In the criminal courts of Nashville, Davidson County, |
| DWI (Driving While Impaired) or OUI (Operating | | | | the District Attorneys Office will usually indict a citizen |
| Under the Influence). | | | | on two counts of DUI if there is a breath or blood |
| The elements of the crime of Driving Under the | | | | test involved. The first count will be a violation of the |
| Influence are: | | | | per se law under 3(b) above if their blood or breath |
| 1. Any person driving or being in physical control of an | | | | alcohol level is in excess of.08%. The second count |
| automobile or other motor driven vehicle. The term | | | | will be the DUI under 3(a) above where your driving |
| motor driven vehicle could include lawn mowers, | | | | is impaired. It is entirely possible to be found guilty on |
| ATV's, motorcycles, scooters, or any device driven | | | | both counts of DUI for the same incident. |
| by a motor. | | | | Unfortunately the State Legislature did not take the |
| 2. On a public road or highway of the State of | | | | time to clearly define the phrase "under the |
| Tennessee, or any street, alley, premises of any | | | | influence", and it has been left to judicial |
| shopping center, trailer park, apartment house | | | | interpretation. The evidence of being under the |
| complex, or any other premises generally frequented | | | | influence may be either direct or circumstantial |
| by the public at large. | | | | evidence. Some of the factors the Court and police |
| 3. (a) While under the influence of any intoxicant, | | | | officers look for are: odor of alcohol, physical |
| marijuana, narcotic drug, or any drug producing | | | | demeanor such as slurred speech or red and |
| stimulating effects on the central nervous system, or: | | | | bloodshot eyes, and admissions of the defendant of |
| (b) With a blood or breath alcohol concentration | | | | their alcohol consumption. Court's also rely on |
| of.08% or more. | | | | evidence from the Standardized Field Sobriety Test |
| The Tennessee State Legislature has established a | | | | to determine intoxication. |
| per se offense of DUI. A per se violation occurs | | | | |