Garza Law Firm:
You have constitutional rights that are designed to protect you. If you or someone you know has been charged with a crime or is even suspected of committing a crime, you should contact a criminal defense lawyer or criminal defense attorney immediately before making any important decisions.
Reagon, Randall:
Drunk Driving: Did You Know?
* A first DUI conviction in Tennessee can result in a jail term of at least 24 hours, up to 11 months and 29 days. You can be fined from $350 to $1,500, and loss of your driver's license for one year. You may also be required to perform public service work in addition to these penalties. Subsequent offenses result in more serious consequences. A fourth or subsequent DUI conviction is a felony and can result in a prison term of up to six years and a fine of $15,000.
* A restricted driver's license can be issued for the purpose of driving to and from work or school in the case of a first offender, but not for repeat offenders. A conviction for a second or subsequent offense of DUI may result in the forfeiture of the vehicle used in the commission of the offense.
No matter what a blood or breath test indicates, do not be discouraged to the point where you decide nothing can be done and that you might as well throw yourself at the mercy of the prosecutor. The truth is that there can be serious problems with testing procedures, machines and the analyses of test samples.
Daniel, Jeff & Todd:
All persons who are charged with a criminal offense have the right to be represented by an attorney. In fact, this is so important it is guaranteed by both the State and Federal Constitutions.
Criminal offenses fall into two categories -- Misdemeanors and Felonies. At the State level, misdemeanor offenses carry a punishment of up to 11 months and 29 days. By contrast, punishment for a felony ranges from one year to life in prison to the death penalty. Examples of some common misdemeanors are Shoplifting, Driving Under the Influence, Simple Assault, and Simple Possession of a narcotic.
To prepare your defense, it is important for you to know the elements of the offense, the legal defenses which may apply, and the procedure of the criminal justice system.
Justice, Scott:
The Law
Tennessee DUI law is principally governed by Tenn. Code Ann. 55-10-401.
Driving under the influence of intoxicant, drug or drug producing stimulant prohibited - Alcohol concentration in blood or breath.
(a) It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park or any apartment house complex, or any other premises which is generally frequented by the public at large, while:
(1) Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or
(2) The alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08 %) or more.
(b) For the purpose of this section, "drug producing stimulating effects on the central nervous system" includes the salts of barbituric acid, also known as malonyl urea, or any compound, derivatives, or mixtures thereof that may be used for producing hypnotic or somnifacient effects, and includes amphetamine, desoxyephedrine or compounds or mixtures thereof, including all derivatives of phenolethylamine or any of the salts thereof, except preparations intended for use in the nose and unfit for internal use.
Stephen Burroughs:
Today, the penalties for driving while intoxicated in Tennessee have never been more severe. For example, DUI is the only misdemeanor criminal offense which absolutely requires that a person convicted receive jail time, rather than allow for full probation. In addition, a person who is convicted of their first offense of DUI will lose their license for one year, face a minimum fine of $350, have to attend and pay for DUI school and pay court costs, among other penalties and consequences.
Many DUI cases that seem hopeless at first glance can be won. Just because someone had a breath test that was over the legal limit or admitted to drinking and driving does not necessarily mean that the State will be able to prove their case beyond a reasonable doubt. DUI cases are highly complex and require an experienced attorney who is familiar with all procedures used by the government in such cases.
Baker Associates:
In recent years, the Sevierville Police Department has moved towards exclusively using blood tests in their DUI investigations. The Sevierville Police Department has been very reliable in capturing most of their DUI investigations on video camera recorded from their patrol cars.
The Sevierville DUI officers are well trained in the administration of the Standardized Field Sobriety Test. As most other Tennessee DUI investigators, the Sevierville DUI officers use the SFST to build probable cause for the arrest of a DUI suspect. Once the SFST is completed, the officer will make the arrest and request that the DUI suspect give consent for the officer to have blood collected from the DUI suspect for alcohol and drug testing.
Pursuant to Tennessee Code Annotated 55-10-406, the Sevierville DUI officer may ask the DUI suspect for a blood sample to be tested for the presence of alcohol and drug. If the DUI suspect gives consent to have blood collected, the Sevierville DUI officer will transport the individual to Fort Sanders Sevier Medical Center in Sevierville, Tennessee for collection of a blood sample. If the Sevierville DUI officer chooses to collect a breath sample from the DUI suspect, the office will conduct the examination on the Sevier County Sheriff Department's breath testing device at the Sevier County Jail.
In the case of a first offense DUI in Sevierville, Tennessee, the DUI suspect will be charged and a bond set by a judge or magistrate. If the case does not involve an accident with injuries, a bond in the amount of $500 to $2,500.00 will normally be set. The DUI suspect will then be detained until the suspect is no longer a danger to him or herself.
Because officers like the Sevierville DUI officers are becoming more proficient in their DUI investigations, it is important that a Sevierville attorney and Sevierville DUI lawyer stay apprised of the many challenges in Tennessee DUI cases. Tennessee DUI lawyers should be familiar with field sobriety testing, chemical tests for alcohol and drugs, and the many laws that govern the arrest and investigation of Tennessee DUI cases.
R. Alexander Brown:
CRIMINAL DEFENSE at all levels in State and Federal Courts. Including DUI, Drug offenses, Conspiracy, Felons in Possession of a Firearm, Murder, Attempted Murder, Theft, Burglary, Robbery, Forgery, Bad Checks, Assaults, Arson, Evading Arrest, Aggravated offenses, Traffic Offenses, Public Intoxication, and others.
Joe Baker:
The complexities of DUI cases are vast and the consequences serious.
Individuals may be arrested, have their license suspended, have their
vehicles impounded, and even go to jail. A successful resolution of
their case relies on having a highly skilled attorney with the ability
to construct an effective DUI defense. A lawyer in our Knoxville or
Sevierville, Tennessee offices will first assess your case at a
complimentary consultation and then give you a realistic assessment of
the merits of your case
Hindman & Associates:
A drunk driving conviction can affect you in more ways than immediately
apparent. You may be faced with jail time, heavy fines, increased
insurance premiums, and the loss of your driving privileges. These
consequences affect not only you, but your family as well. Who will
drive your kids to school? How will you get to work? Failure to retain
a DUI attorney who will aggressively investigate your drunk driving
charge could lead to a sentence of 11 months and 29 days in prison,
even if this is your first offense. First time offenders also face a
fine of up to $1500, are required to complete an alcohol and drug
safety school program, and face a one-year drivers’ license suspension.
No Pardons. No Free Passes.
A DUI / DWI conviction will remain on your permanent record with no
possibility for expungement. Individuals and institutions are able to
view such records upon request, which can make it difficult for
aspiring college students to get into a university and can limit the
type of job you may be eligible for.
Robert Vogel:
Whether you have been charged with a felony or a misdemeanor, you need
to consult an experienced a criminal defense attorney. A
conviction for even a minor offense can lead to jail time, heavy fines,
or both. You need a law firm experienced in providing expert
legal criminal defense that provide you with aggressive legal
representation.
The
blood alcohol level of 0.08 % is a crime in the state of Tennessee.
It’s possible to reach that level with a few beers or a few shots while
playing a game or two of pool with friends.
A night on the town
may be enjoyable, but the consequences of getting pulled over with a
blood alcohol level of 0.08 or more can be severe.
For
a first DUI offense, you face a minimum of 48 hours in jail, loss of
your license for a year, fines, and traffic school.
For a second DUI offense, you face a 45-day jail term, the loss of your license for three years, and fines.
If you are a professional driver or trucker, a DWI charge can put your job and livelihood on the line.
Robert Kurtz:
If you have been charged with a crime you need an attorney to stand up and fight for you.
John Roper:
Most traffic infractions or violations are strict-liability crimes,
which means that no particular criminal intent is required to convict a
person of the offense. The only proof needed is evidence that the
person charged actually committed the prohibited act. Strict-liability
traffic offenses typically include such violations as failure to use
turn signals, failure to yield, turning into the wrong lane, driving a
car with burned-out headlights, failure to use towbars when towing
another vehicle, parking next to a yellow curb, parking in a handicap
spot without the required permit, overdue parking meters, and exceeding
the speed limit. Many jurisdictions provide for administrative
processing of some or all of these traffic violations, thereby removing
them from criminal court altogether. In those cases, an offender may
not be subject to incarceration or large fines; on the other hand,
neither is he or she entitled to such protections as a court-appointed
lawyer or a jury trial. The fine for speeding tickets, however, can be
quite high, based on the how fast the driver was going or their prior
driving record. In addition, conviction of these traffic violations can
have other, lasting impacts on a person's driving privileges and
insurance rates.
James Bell:
Citizens have a right to expect privacy in their homes, vehicles, and
communications; a right not to be deprived of their liberty or property
without due process of law; and a right to consult counsel of their
choice without it being used against them. Citizens have the right to
plead not guilty to their charges, and proceed to a trial by jury.
Importantly, citizens also have a right to remain silent in the face of
criminal investigation and prosecution. Should someone voluntarily
waive their right to be free of self-incrimination, anything they say
may be used against them, for investigation or prosecution. To obtain a
criminal conviction against a citizen, the government must prove guilt
beyond a reasonable doubt. The democratic process is furthered by the
adversary system, and citizens have a right to confront the witnesses
against them. Finally, any citizen convicted of wrongdoing has the
right to just punishment. Dont forget: Every American citizen has as
his or her birthright the constitutional protection of due process of
law!
John Eldrige:
Should I take a blood test? Should I take the breath alcohol test? It
is an often asked question by citizens who are pulled over on a
suspected DUI. The only certain answer is after you know the results!
Only then will you know what the mechanical device says about the
quantity of alcohol in your body. The amount of alcohol in your blood
is a function of not only what you drink, but also, most importantly,
your age, your size, your metabolism, and when you last ate. In
Tennessee, beginning on July 1, 2003, the magic reading on the breath
alcohol test (BAT) is .08; that is where the presumption arises that
you are too intoxicated to drive. Breath tests (and to some extent
blood tests) can be wrong. Frequent problem areas include the machine
itself and the manner in which it is used on you. Your lawyer can get
the facts and tell you if you are the victim of an inaccurate breath
alcohol test reading. If you are convicted of first offense DUI in
Tennessee, the minimum penalty is an 11 months and 29 day sentence with
all but 2 days suspended, $350.00 fine, payment of court costs and loss
of license for one year.
Lomonaco
& Associates: DUI is shorthand for "Driving Under the Influence." A
person is guilty of DUI if he or she drives or is in actual physical
control of a motor vehicle and is under the influence of alcoholic
beverages or any chemical or controlled substance to the extent that
his or her mental faculties are impaired or when his or her blood
alcohol level (BAC) is above the legal limit for the state.
Steve Oberman:
Driving Under the Influence is the only crime for which an individual
can be convicted solely on the opinion of a police officer. While most
DUI offenses are classified as misdemeanors, the penalties for this
crime are typically much more serious.