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Chatanooga DUI Lawyers

1. Fendley, Mart: * Criminal Law * DUI/DWI * Traffic Violations * Family Law * Child Support * Custody & Visitation * Divorce * Nursing Home * Litigation & Appeals * Personal Injury -- Plaintiff * Motor Vehicle Accidents -- Plaintiff
2. Rippler, Daniel: If you have been charged with a crime, your freedom Ð even your life Ð may be at stake. You need to enlist experienced, trustworthy legal counsel who can guide you through the complexities of the law and aggressively advocate for your interests and rights.
3. Hayduck, Andrea: unless the State will offer a plea that is significantly better than going to trial and losing, there is no good reason not to take the case to trial. Unlike many other charges in state court, more often then not, in DUI/DWI cases there is very little if any benefit to pleading guilty. Tennessee DUI Frequently Asked Questions F.A.Q. I was not read my rights, what does this mean? The rights people are usually referring to are Miranda Rights, like what you see on T.V., you have the right to remain silent, the right to a lawyer, etc., etc. Many people often ask if they have any recourse if the officer fails to read them these rights. The answer is yes and no. Miranda rights must be given to a suspect after he/she has been arrested and before an officer begins an interrogation. Most of the time in drunk driving cases, officers do not give Miranda warnings because the officer does not intend to interrogate a suspect after arrest. If the officer does question you post arrest without giving the Miranda warnings then anything you say in response to a question by law enforcement may not be used in evidence at your trial. Am I going to lose my license? If you are convicted of DUI, or if you refused a breath, blood, or urine test, then you will lose your license, but may be eligible for a restricted license depending on your particular circumstances. For a comprehensive list of the DUI penalties including license suspensions click here. What is going to happen to my insurance? If convicted of DUI you will have to show proof of SR-22 insurance which can be costly. You will likely have difficulty obtaining private insurance at a decent rate thereafter. I was asleep in my car but still got charged with DUI. How can this be when I wasn't driving the car? Under Tennessee law you can be charged with DUI for driving, operating, or being in physical control of a vehicle. Being asleep in a vehicle that is not running may constitute being in physical control of a vehicle. In determining whether the suspect was in actual physical control the courts will look to the following factors: 1) the location of the defendant in relation to the vehicle, 2) the whereabouts of the ignition key, 3) whether the motor was running, 4) the defendant's ability but for his intoxication , to direct the use or non-use of the vehicle, or, 5) the extent to which the vehicle itself is capable of being operated or moved under its own power or otherwise. State v. Lawrence, 849 S.W.2d 761 (Tenn. 1993). I did fine on the field tests, why was I arrested? If you really did do well on the field tests, that is certainly a defense at trial. In many cases, people believe they performed well on the tests because they are unaware of what the officer is looking for when he administered the test. The reason for that is the officer doesn't tell you what he is looking for! Oftentimes, the officers will misinstruct a suspect during the explanation of the test also rendering as suspect unaware of how he is actually being scored. The National Highway Traffic Safety Administration (NHTSA) has approved and standardized a battery of tests that most officers administer on the road. The first test officers generally administer is the horizontal gaze nystagmus (HGN) test, or the follow the pen with your eyes test. On this test, the officer is looking for an involuntary jerking of the eyes. You cannot control it or feel it, so a suspect generally will not know whether or not the officer observed nystagmus. The next test the officer should administer is the walk and turn test, or the walk the line test. On the walk and turn test, the officer is looking to see whether a suspect starts too soon (before the officer finishes giving the instructions), is unable to stand with one foot in front of the other while being instructed, failed to touch heel to toe on every step, stepped off the line, stopped while walking, raised arms more than 6 inches, took the wrong number of steps, or turned improperly. The final test is the one leg stand test. During this test, the officer is looking to see if a suspect puts his foot down during the thirty second test, hops, sways, and/or raises his more than six inches from his sides. Am I going to go to jail? In Tennessee drunk driving convictions carry mandatory jail time even on a first offense. If I'm guilty, why do I need a lawyer? In most DUI cases an experienced practitioner can spot a defense. Over the years as drunk driving laws have become more stringent, defense lawyers have become more savvy. There is litigation going on throughout the country questioning the reliability of the breath test machines, the procedures for blood testing, and the psuedo-scientific nature of the standardized field sobriety tests. The efforts of many of these great lawyers has proven successful over the years, so it is well worth your while to have your case assessed by a well-trained DUI defense lawyer. Below are just a few of the many possible defenses that a good lawyer will look for in your case: A few possible defenses in a DUI case: 1. The officer had no legal right to pull your vehicle over. 2. You weren't driving or in actual physical control of the vehicle. 3. No nexus exists between the time of drinking and the time of driving. 4. Law enforcement did not comply with Tennessee law. 5. You have a medical condition that inhibited your ability to perform the field sobriety tests to the officer's satisfaction. 6. You were not given the option to take a breath or blood test. 7. You were questioned in violation of your Miranda Rights. 8. You requested but were denied the right to an independent test. 9. You have been denied your right to a speedy trial. 10. Your blood alcohol level was lower when driving than when tested. 11. Your breath or blood test is a false high reading. What is this whole thing going to cost me? Unfortunately a run in with the law can prove to be quite expensive. Aside from your lawyers fees which can cost several thousand dollars, you should also prepare yourself for fines, court costs, and the cost of alcohol counseling. Most lawyers offer free consultations and many law firms offer payment plans. Just remember you get what you pay for, and good representation is a worthwhile investment. YOU DO NOT HAVE TO PLEAD GUILTY.
4. Summers & Wyatt:

   Ways to minimize the possibility of a DUI conviction

   1. Don't drink and drive!

   2. Have a designated driver when you plan to drink. That person should drink nothing alcoholic. In Hamilton County, Tennessee, the mere odor of alcohol on your breath is enough to get you arrested. Law enforcement agencies are threatened with lawsuits if you have been drinking, are released by the officer, and later kill or injure someone.

   3. After July 1, 2004, wear your seal belt, as the law enforcement agencies can use such a violation to stop you, to question you about your alcohol use, and to search your vehicle.

   4. Always check your car before you go out to make certain you do not have a broken or non-working headlight, taillight or turn signal light.

   5. Always stay within the speed limit by at least 5 miles per hour.

   6. Use your turn signals when you change lanes and avoid making several lane changes to avoid a claim of "weaving."

   7. Keep your driver*s license in your upper shirt pocket, and keep your registration and insurance papers nearby in order to eliminate a charge of "fumbling" with your papers.

   8. Roll the windows down in your car to avoid the concentration of an "alcohol odor," especially if you have other passengers in your car who have been drinking.

   9. Always eat a full meal and snacks over the course of the time that you are drinking.

   10. If you choose to drink alcoholic beverages, limit your drinking to no more than one drink every 1½ hours.

   11. If you are blue-lighted by an officer, use your turn signals and blinkers and cautiously exit the highway into a safe location as soon as possible.

   12. Consider getting out of your vehicle and stand by it, so as to minimize the odor of alcohol from other persons in the vehicle to avoid the claim of a "strong odor of alcohol."

   13. If the officer orders you to get back in your car, respectfully ask if you can stand beside your car.

   14. If you drink, request a record of the number of drinks that you consumed at the bar or restaurant and pay by credit card, if possible.

   15. Get the name of your waiter and/or bartender who may later be able to testify as to your sobriety and amount of alcohol consumed.

   16. Keep a record of your contacts during the evening who may be able to testify as to your sobriety and concentration.

   17. If requested to do any field sobriety tests, you may politely tell the officer that you respectfully decline to perform them because of their lack of reliability and that you are not required by law to take these tests. You have an absolute right to refuse to take such tests. If you are over 60, more than 50 pounds overweight, or have physical disabilities to your legs, balance or eyes, then the results may be unreliable.

   18. Remember that your actions may be recorded by a video camera in the officer*s vehicle and that he or she may be secretly recording your conversation with a portable tape player. The officer is not required to tell you that he or she is recording you.

   19. Statistical studies show that the One-Leg-Stand test is only about 65 % accurate and that the Walk-and-Turn test is only 68 % accurate. In other words, these tests can be inaccurate as much as 35% and 32% of the time.

   20. Implied Consent - (A) If you are already under arrest for DUI (in handcuffs), know that you are going to jail irrespective of whether you register above or below .08 on the Intoximeter EC-IR machine or blood test.

   21. Implied Consent - (B) The officer has the option of offering you either a breath test or a blood test under Tennessee law. The results in both tests will be used to incriminate you. Even if you register below .08, you may still be charged and convicted if there is other evidence against you, such as the testimony of the arresting officer and others.

   22. Implied Consent - (C) You will not go to jail simply for refusing to participate in a blood test or a breath test. However, you may lost your license if it is determined by a Court that there are "reasonable grounds to believe you were driving or [were] in physical control of a motor vehicle while under the influence of alcohol and/or drugs." This is a separate charge from DUI.

   23. Implied Consent - (D) The form says that "if you refuse to submit to a breath or blood test the Court trying your case shall suspend your driver*s license for a period of 12 months." They do not tell you that you have a right to appeal the suspension of your license to an appellate court. Sometimes, an officer may imply that you will go to jail if you refuse to take a test. Nevertheless, note that there is a separate provision that says that if you refuse to take the test while driving on a revoked, suspended or revoked license for a conviction for vehicular assault, vehicular homicide, aggravated vehicular homicide or DUI, your refusal will result in an additional minimum five (5) day sentence consecutive to any other sentence imposed. Although this charge is again separate from a DUI charge, you still have a right to defend yourself against this charge as well.

   24. Implied Consent - (E) If you decide to take either a breath test or a blood test, request that you be provided with a sample of your specimen in order that you may have it tested by an independent, agency. This is your right under Tennessee law.

   25. If you want to plead guilty and accept the mandatory minimum punishment prescribed by law for DUI in Tennessee, you may discuss your case with the prosecutor if you wish to avoid the expense of an attorney. It is recommended, however, that you at least talk to an attorney experienced in handling DUI cases before you make this decision. Most lawyers do not charge a fee for an initial consultation.

   26. Be careful in choosing a lawyer upon the recommendation of a jailer, trustee, bail bondsman, or attorneys who solicit your case by sending a form letter within 3-4 days of your arrest. While you may use one of those lawyers, the fact that they send form letters to everyone arrested in Hamilton County on a particular day does not mean that the lawyer "recommended" is the person you should use to defend your case.

   27. If you plan to use an attorney to defend you in your DUI case, contact them as soon as possible in order to discuss the acts, preserve evidence and testimony and to develop a legal theory of defense.

   28. If you are in a wreck, take photos of the interior and exterior of each auto or property involved.  The extent of damage may support a claim that the reasons you couldn't do filed sobriety tests or appeared to be DUI was because of the wreck.

   29. Repeat Step # 1.

5. William G. Schwall: If you are facing a drunk-driving charge, do not hesitate to contact an effective Tennessee and Georgia DUI attorney who will work hard to get your charges reduced or dropped, if possible.
6. Levitt & Levitt: You should consult an attorney for individual advice regarding your own situation.
7. Robinson Law Firm: Make sure you have experienced and compassionate lawyers at your side throughout your criminal case.
8. Lorraine Raymond: Persons charged with criminal offenses have rights and someone must be responsible for protecting and enforcing those rights.
9. McFadden & Stuart: If you are facing a criminal charge, you urgently need help from an experienced criminal defense lawyer. For serious or repeat charges, your freedom will be at stake, but even lesser charges have serious consequences. You may end up with a permanent criminal record and have trouble getting a job or exercising your rights if you are convicted.
10. Johnny Houston: A DUI conviction is a criminal conviction that remains on a person's criminal record forever. The "costs" of a conviction include but are not limited to: 1.) Increased automobile insurance costs, five years in most cases; 2.) Job opportunity implications - many employers are now denying employment to persons with alcohol related driving convictions; 3.) Restricted or NO driving privileges; 4.) Facing multiple offense sanctions if convicted again; 5.) If a college student, disciplinary action by the school.
11. Jes Beard: Retain an experienced DUI defense attorney to represent you. DUI defenses are often highly technical and unique to DUI cases, meaning only an attorney experienced in DUI cases is likely to spot the most favorable issues to present to a prosecutor, judge or jury.