“4th DUI or Greater” is what one Barfield man and one Lewisburg man were charged with this past weekend in Rutherford County. 50-Year old Jimmy Finley of Barfield was taken into custody Saturday evening around 8pm and 56-year old Charles Hamilton of Lewisburg was arrested on Sunday morning at around 7:30am.
Both men were also charged as habitual offenders.
In Tennessee, the fourth DUI and any DUI after the fourth is considered a class E felony. A class E felony requires the convicted offender to serve a minimum of 150-consecutive days in jail. There is also a mandatory fine of $3,000 to $15,000. The culprit’s driver’s license can be revoked for up to 5-years if the subject is found guilty. A suspect’s vehicle can be seized after he or she receives a second charge of DUI.
More information on vehicle seizure:
TN Code Annotated: 55-10-403. Penalty for violations of §§ 55-10-401 -- 55-10-404 -- Inpatient alcohol and drug treatment -- Ignition interlock devices -- Restricted license -- Strip searches -- Forfeiture of vehicles -- Blood alcohol concentration test fee.
(k) (1) The vehicle used in the commission of a person's second or subsequent violation of § 55-10-401, or the second or subsequent violation of any combination of § 55-10-401, and a statute in any other state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202, for all forfeitures authorized by this subsection (k).
K - (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's second or subsequent DUI violation is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while under the influence of alcohol or drugs. Driving a motor vehicle while under the influence of alcohol or drugs endangers the lives of innocent people who are exercising the same privilege of riding on the state's highways. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while under the influence of alcohol or drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who have demonstrated a pattern of driving a motor vehicle while under the influence of alcohol or drugs.
Rutherford County Sheriff’s Office
Tennessee Code Annotated