Knox County District Attorney General - Charme P. Allen

Impaired Driver Convicted of Felony

Posted: 01/31/2019

Prosecutors in DA Charme Allen’s DUI Unit obtained a felony conviction against an impaired driver who caused a traffic accident.  Jorge Arturo Gutieres, 49, was convicted of Reckless Endangerment and Driving Under the Influence First Offense.  Judge Steve Sword revoked Gutieres’ driver’s license for violating the Implied Consent Law and set his case for sentencing on April 11.

At trial, Assistant District Attorneys Greg Eshbaugh and Heather Good explained to the jury that on November 1, 2015, around 3:00 A.M., Gutieres was traveling westbound on Western Avenue after leaving Market Square where he drank four to five beers.  Gutieres turned left onto Ailor Avenue in front of oncoming traffic causing a collision that totaled one of the vehicles involved.  Knoxville Police Department Officer Alan Stonerock responded to the crash and administered field sobriety tests to Gutieres, which he failed.  Gutieres was taken to the University of Tennessee Medical Center where he refused to submit to a blood alcohol test, but medical personnel diagnosed him with “acute alcohol intoxication.”

“Impaired drivers need to be aware that in addition to facing DUI penalties, they could also face felony penalties in certain circumstances,” said DA Charme Allen.

Reckless Endangerment is a Class E felony that carries a punishment between one and two years.  DUI First Offense is a Class A misdemeanor that carries a punishment of up to eleven months and twenty-nine days.  The mandatory minimum for a DUI First Offense is forty-eight hours in custody with a $350 fine, DUI School, and a license revocation of one year.

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 www.knoxcounty.org/dag and follow us on Facebook and Twitter.

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City County Building 400 Main Street
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Knoxville, TN 37902