Driving & Traffic Offenses
A single traffic stop can lead to anything from a citation to criminal charges—and even minor offenses can carry long-term consequences for your license, your record, insurance premiums, and your future. At The McDaniel Law Firm, we help Memphis drivers understand their options and respond strategically. Whether you are facing a citation or a more serious charge, our team is prepared to guide you through the process and protect your interests.
A number of traffic offenses in Tennessee are more serious than a ticket that can be charged as misdemeanor offenses. Misdemeanors are criminal violations and their consequences can be serious, particularly when the convictions carry mandatory incarceration periods or driver’s license revocations. These can have a substantial impact on an individual’s employment, housing, and personal life.
Some of the actions that Tennessee law treats as misdemeanor driving offenses may surprise many residents. Allowing someone else to drive a vehicle you own in “a manner contrary to law” on a Tennessee highway, for instance, is a Class C misdemeanor under TN § 55-10-202. Others are perhaps more expected: TN § 55-10-205 makes reckless driving a Class B misdemeanor. Some legal considerations apply regardless of whether an alleged violation is classified as a misdemeanor or a felony; facilitating another person’s violation of any of the traffic laws laid out in Title 55, Chapter 10, Parts 1-5 makes the facilitating individual “party to a crime” and chargeable with the crime whose commission they facilitated.
Tennessee law prohibits being “in physical control” of any motor vehicle on public roadways, or on “any other premises” that are open to and habitually visited by the general public, while being “under the influence” of:
Whenever the substance, intoxicant, or combination clouds judgment or reflexes, or otherwise impairs the affected individual’s ability to operate the motor vehicle in question safely.
In other words: Taking “physical control” of a motor vehicle on a public roadway with a BAC at or above the statutory threshold is itself a violation, even if the driver has been otherwise following the rules of the road.
Penalties for DUI convictions under 55-10-401 are spelled out in 55-10-402, and range in severity according to the circumstances of the arrest. A history of prior DUIs plays an especially weighty role in sentencing determinations.
DUIs can severely affect your livelihood. Unlike other misdemeanor offenses, a DUI can never be expunged from your record under current Tennessee Law. DUIs involving serious bodily injury or death can be charged as serious felonies. It is important to reach out to an attorney at The McDaniel Law Firm today to start working on your legal defense.
Tenn. Code. Ann. § 55-10-401(2) further makes it “unlawful” for anyone to operate a vehicle while their blood alcohol content (BAC) is at or above 0.08; the critical distinction between this provision and the 401(1) prohibition described above is that the BAC limit applies whether or not the driver exhibits symptoms of impairment. 401(3) imposes a stricter BAC limit on individuals operating commercial motor vehicles (CMVs); the BAC for drivers operating under a commercial driver’s license (CDL) is 0.04, rather than the 0.08 that applies to other drivers in Tennessee. Both limits are illegal to exceed, irrespective of other activity, meaning that drivers stopped and tested for BAC can be arrested for DUI if their breath or blood test exceeds the legal limit for their type of license, independent of any other conduct. Additionally, a BAC of .15 or higher can result in further increased penalties.
TN § 55-10-404 specifies license revocation penalties for violations of 55-10-401. Crucially for Tennessee drivers, the courts generally have it in their discretion to approve “restricted” licenses in response to hardship requests from the individuals whose licenses have been revoked for DUI. License revocations in Tennessee can be lengthy, particularly for drivers receiving their third or fourth DUI convictions.
At The McDaniel Law Firm, we work with clients who are subject to license revocations to provide the Tennessee court overseeing each case with evidence not only of the individual’s legitimate hardship but of the steps he or she is taking to ensure that a DUI is part of the past, not a part of their future. Judges in Tennessee DUI cases generally want to know that the individuals they authorize for restricted driver’s licenses will conduct themselves responsibly while behind the wheel, and adhere to all of the court’s requirements going forward.
Tennessee treats vehicular assault as a felony offense under Tenn. Code Ann. § 39-13-106, applying where a person, as the proximate result of intoxication, recklessly causes serious bodily injury to another while operating a motor vehicle. Intoxication carries the same meaning here as under the state’s DUI statute — impairment by alcohol, by a drug, or by any combination of the two. Vehicular assault is a Class D felony, and a conviction also results in the loss of driving privileges, with the length of revocation increasing for defendants who have prior convictions for DUI-related offenses.
The relationship between this charge and vehicular homicide is worth understanding, because the conduct the statutes describe can be identical. What separates them is the outcome. Where intoxicated driving results in serious injury, the charge is vehicular assault under § 39-13-106. Where it results in death, the charge becomes vehicular homicide under Tenn. Code Ann. § 39-13-213. A defendant’s conduct on the night in question may be indistinguishable across the two, yet the exposure is markedly different.
Two elements of the statute frequently receive less scrutiny than they warrant. The first is the phrase serious bodily injury, which is not left to ordinary usage — Tenn. Code Ann. § 39-11-106 defines it to require a substantial risk of death, protracted unconsciousness, extreme physical pain, protracted disfigurement, or protracted loss or impairment of a bodily member, organ, or mental faculty. Injuries that are real and significant do not automatically satisfy that standard, and whether they do is the line between a felony charge and a misdemeanor DUI. The second is causation. The statute requires that the injury be the proximate result of the intoxication, which is a different proposition from establishing that a driver was intoxicated and that an injury occurred. Accidents have contributing causes — road conditions, the conduct of other drivers, mechanical failure, visibility — and the state carries the burden of connecting the impairment to the harm.
Because these cases turn on accident reconstruction, medical records, and the administration of chemical testing, the evidence available to challenge them tends to be technical and time-sensitive. If you are facing vehicular assault charges in Memphis or the surrounding counties, an attorney at The McDaniel Law Firm can review how the state intends to establish each element and where its case may be vulnerable.
Certain driving violations make appearances not just in Title 55, but in Tennessee’s Title 39 catalogue of criminal offenses. Vehicular homicide, outlined in Tenn. Code Ann. § 39-13-213, may be applied to a range of scenarios in which one individual’s operation of a motor vehicle leads to another person’s death. TN § 39-13-213(a)(2) explicitly incorporates violations of 55-10-401 that result in a traffic fatality; 39-13-213(b)(2)(A) makes DUI vehicular homicide a Class B felony. In the same section, TN § 39-13-213(a)(3) applies the vehicular homicide charge to drag racing violations that result in death. Drag racing vehicular homicide is treated as a Class C felony, but felony charges of any class are always a serious matter and must be dealt with accordingly.
A conviction for homicide under any circumstances cannot help but alter the course of an individual’s life. How you approach vehicular homicide charges, and the way you structure your defense, can have enormous repercussions for your future. Before you determine how to plead or begin to assemble arguments in your defense, take the time to have a thoughtful conversation with a criminal defense attorney who can offer perspective on how vehicular homicide cases play out in the Tennessee courts.
Tennessee imposes an affirmative duty on any driver involved in an accident to stop, remain at the scene, and provide identifying and insurance information to the other parties and to responding law enforcement. Where a person has been injured, the driver must also render reasonable assistance. These obligations appear at Tenn. Code Ann. §§ 55-10-101 through 55-10-103, and they attach regardless of fault — a driver who bears no responsibility whatsoever for a collision can still be charged for leaving it.
How the offense is graded turns on what the accident produced rather than on the manner of leaving. Accidents involving damage to property alone are treated as misdemeanors. Accidents resulting in injury carry heavier misdemeanor exposure, and where an accident results in death, failure to stop becomes a felony. The phrase “hit and run” tends to flatten these distinctions, but they are substantial, and they can rest on facts a driver did not know at the moment of the decision — including whether anyone in the other vehicle was hurt at all.
People leave accident scenes for reasons that often have little to do with the accident. Some panic and are not thinking clearly. Some have a suspended license, an outstanding warrant, or a reason to fear the conversation that would follow. What tends to happen next is that the driver goes home, the adrenaline recedes, and the waiting begins — because the investigation is already underway and the only question is when contact will be made. That interval is short, and it is the part of the case in which the most remains open.
It is also the part in which representation makes the greatest practical difference. In most of these matters an investigator is working the file and has not yet located the driver. An attorney can initiate that contact on your behalf, arrange the timing and terms of any meeting, provide the licensing and insurance information the investigator needs, and be present for the conversation. Whether an officer proceeds by citation or seeks an arrest warrant depends on the specific circumstances of the case, and no outcome can be promised — but that determination is frequently still unmade at the point counsel becomes involved, and considerably harder to affect once it isn’t.
If you left the scene of an accident, and particularly if you believe an investigation is underway, reaching out to an attorney at The McDaniel Law Firm before speaking with law enforcement is the step that preserves the most options.
“Drag racing” is strictly prohibited in Tennessee except on licensed race tracks, due to the extreme threat it poses not just to participants but to the general public. The definition of drag racing under Tennessee law focuses on the “testing” function: pushing an engine’s limits to determine its maximum speed, testing how rapidly a vehicle can reach its maximum speed or in what distance, comparing vehicles to see which outperforms the other in similar trials, or attempting any of these challenges on a dare. Drag racing is an E felony under Tennessee law. A conviction for drag racing can result in the seizure of the vehicle used in the race.
The penalties imposed for drag racing can be severe, particularly for a second offense. Individuals who are convicted of drag racing a second time within 10 years of the first violation are subject to permanent license revocation, and under Tenn. Code Ann. § 55-10-503 they are automatically excluded from eligibility for a restricted/hardship driver’s license. Given the seriousness of the penalties imposed for a drag racing conviction, drivers accused of violating Tennessee’s drag racing laws may want to exercise their right to an attorney expeditiously to get help considering their options for a defense.
Paying a ticket is an admission of guilt. While it may seem like the quickest option, it can add points to your driving record, increase insurance rates, and potentially impact your license. It is often worth speaking with an attorney before making that decision.
Yes. Many traffic violations result in points being added to your driving record. Accumulating too many points can lead to license suspension and long-term consequences for your ability to drive.
It depends on the charge. Some minor violations allow you to pay a fine instead of appearing in court, while others—especially misdemeanor offenses—require a court appearance. An attorney can help you understand what is required in your specific case.
Certain traffic violations, such as reckless driving or driving on a suspended license, are classified as misdemeanors. These are criminal charges and can carry penalties including fines, jail time, and license suspension.
Yes. While many traffic offenses result in citations, some situations—such as DUI, leaving the scene of an accident, or certain misdemeanor offenses—can lead to arrest and custody.
Failing to pay a ticket or appear in court can result in additional penalties, including a suspended license or a warrant for your arrest. Timing is key. Contact our office immediately to learn about your options for resolution.
Traffic violations can lead to increased insurance premiums, even for relatively minor infactions for those with clean driving records. The long-term financial impact can be significant.
Yes, absolutely. Each case is different and should be evaluated based on its specific facts. Our firm is highly experienced in handling traffic matters. Call us to understand your options.
If you are facing a misdemeanor or felony driving charge, it is important to speak with an attorney as soon as possible. Early guidance can help protect your rights and shape your defense strategy.
As soon as possible. Even for minor charges, understanding your options before taking action can help you avoid unnecessary consequences and make informed decisions about your case.
