Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. In Tennessee, a person may be charged with public intoxication
if he or she appears in public under the influence of alcohol or a controlled substance to the degree that the intoxicated person:
1)may be endangered
2)presents a danger to other people or property, or
3)unreasonably annoys people in the vicinity.
Public intoxication is a misdemeanor
crime in Tennessee. (Tenn. Code Ann. § 39-17-10.) Seeing how you were on probation
and had a suspended sentence and picked up a new criminal charge, you could be in violation and certainly have your probation revoked and be ordered to serve time in jail. That is at the discretion of the State and the Judge, if you are violated. If you are being supervised at this time, you would be required to report this, if asked. If you are not, then the State would have the obligation to perform their due diligence and check to see if you picked up and new charged, while under the suspended sentence. It is certainly a mitigating factor that you have complied with all the terms and conditions imposed but what could hurt you, is that fact that you allegedly picked up an alcohol related crime. Since you had a DUI and are still drinking, the court may not be very happy. It is possible to try and work out a plea deal, allowing your probation to be extended and to add additional terms and conditions such as some type of treatment or counseling for alcohol. Moreover, community service could be imposed. You also have a legal right to fight this and before you plea to anything, should have an attorney look over the facts of the case and see if this is worth fighting. If so and you prevail, it will not likely have any effect on the suspended sentence.
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