DUI First Offender to Serve Forty-Five Days

An intoxicated driver convicted of DUI First Offense was sentenced to serve forty-five days in custody, well above the forty-eight hour minimum sentence required by law. Judge Scott Green imposed the sentence after prosecutors in Charme Allen’s DUI Unit convicted Richard Manley Floyd, 24, of Driving Under the Influence First Offense in an October jury trial.

At trial, Assistant District Attorney Joe Welker explained that shortly before 2:00 AM on March 22, 2014, Tennessee Highway Patrol Trooper John Capps observed Floyd driving 75 miles per hour in a 55 mile per hour zone on Interstate 40 westbound around mile 384. Upon contact with Floyd, Trooper Capps noticed Floyd had bloodshot, watery eyes, smelled of an alcoholic beverage, and fumbled while obtaining his license and registration. Floyd stated he consumed only one beer but refused to perform field sobriety tests or submit to a blood draw to determine the alcohol content of his blood. Despite his refusal, the jury found Floyd guilty of DUI First Offense, Speeding, and Violation of the Seat Belt Law. In addition to their determination of guilt, the jury assessed the maximum fine allowed by law, $1500.

“The sentence in this case highlights the dangers of driving under the influence,” said DA Charme Allen.”In addition to the obvious risk to human life, impaired drivers need to realize that my Office regularly asks for enhanced sentences. Forty-eight hours for a first offense DUI is only the minimum.”

As a result of the DUI conviction, Floyd will spend eleven months and twenty-nine days on probation after serving forty-five days in jail. He must also complete DUI School and twenty-four hours of litter pickup, and his driver’s license will be revoked for a period of one year. The mandatory minimum period of incarceration for a DUI First Offense is forty-eight hours.

If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.