DUI VICTIMS PENALTIES OVER THE STATE LAW
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Hello everyone my name is Porsha Douglas and I am one of the 12 children of Bobby Douglas. Bobby Douglas left behind a big loving family; Wife, kids, sisters, grandchildren, and a great grandchild. My father was killed by a drunk driver May 4, 2019 , by Elvin Herman Portillo. Mr. Portillo was driving under the influence when the accident occured. Mr. Portillo tried fleeing from the scene while my father suffered in a burning vehicle , where he spent his final moments. The alcohol level of Mr. Portillo was 1.83 at the time of the testing , which was approximately 2-3 hours after he was arrested. 1.83. Mr.Portillo had an previous DUI back in 2012 and made bond and was deported back to Mexico. He came back to Tennessee between 2013-2019. He need to be held accountable for his actions. Although he is being charged with vehicular homicide due to his high level of intoxication it should be aggravated vehicular homicide.
Law Of Tennessee Drinking And Driving
Drinking and driving , also known as " driving under the influence" (DUI), is illegal in Tennessee. The DUI laws in Tennessee have many components including blood alcohol concentration (BAC) limits for adults and minors, criminal sentences with jail time and fines, driver's license revocations, and implied consent to alcohol testing for ALL drivers.
Tennessee has a blood alcohol level at which the state presumes the driver is drunk. This is called a "per se" BAC and is set at .08 in Tennessee. In addition having an extreme high BAC, in Tennessee of .02 or above, can result in enhanced penalties. For children and adults under the age of 21 years old in Tennessee, the state has a " ZERO TOLERANCE" policy. If a person under 21 has a BAC of .02 while driving, even if not drunk, the person can be found to have commited a DUI. If a youth (16-20) is found guilty of impaired driving,their license will be revoked for one year, they'll recieve a $250 fine, and the court can impose community service.
Also they could face jail time due to the offense occured. First time offense its mandatory 48 hours in jail, IF your BAC level is .02 or higher, and possibly a fine. Or even 11 months and 29 days. Second offense your could recieve 45 days of jail time time and a mandatory fine. License could be revoked and restricitions could apply as in ; going to and from work ; court- ordered programs; and an monitor in your car. Third DUI offense carries a minimum of 120 days in jail (maximum under one year), $1,100-$10,000 in mandatory fines, and license revocationfor 6-10 years with no possibility of getting a restricted license even for necessities like work. Fourth and subsequent DUIs are felonies that will get you a minimum of 365 days in jail and a $3,000-$15,000 mandatory fine, and 8 year license revocation with no restricted license available.
Prayers To Change The Law Of Tennessee With Level Over State Approval
Although the law states that the alcohol level is .20 that is a pretty high high amount of being intoxicated. What if the level is over .20? Do the opponent recieve the same consequences as an .20 personel? Should they recieve up to 4 different chances? We as human beings should be held accountable for our own actions and being intoxicated could cause and/or bring harm to an innocent persons.
First offense should be more than a 48 hour hold time, more like 11 months and 29 days timed served along with fees to pay and a mandatory DUI class. Second offense 2years served and 11months and 29 days probation along with DUI classes with $10,000 fine with revoked license. Third and subsequent DUI felony 2 years served along with talking with youth and adults about DUI and the consequences, revoked license, 11 months and 29days probation after time served , $10,000 fine. Fourth offense violation of probation (depending on the timing) , $20,000 fine, 12 years license revocation with no restricted license available, 5 years jail time, mandatory DUI classes weekly up to one year.
Offense If Persons Harmed/ Death
MANDATORY CHARGED WITH AGGRAVATED VEHICULAR HOMICIDE.
JUSTICE FOR ALL
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