Lebanon DUI Lawyers
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- Lannom & Williams: An often uncompromisingly prosecuted offense, a charge of Driving Under the Influence (DUI) can have debilitating consequences for the citizen accused. With this crime, a citizen accused can be convicted based on the opinion of a police officer, yet face significantly harsh penalties. In Tennessee, the blood alcohol content limit is .08, which for some people can mean as few as two drinks depending on factors such as weight, individual rate of metabolism, the time period in which the drinks have been drunk, and multiple other varying factors. Even though most DUI offenses in the state of Tennessee are classified as misdemeanors, the penalties for a DUI are notably significant. Beginning with the conviction of a First Offense DUI, the citizen accused is subject to: * Maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail (or a minimum of 7 days in jail if, at the time of the offense, the defendant’s blood alcohol level was .20% or above); * Minimum $350.00 fine and court costs; * Loss of driver’s license for a period of one year; * Enrollment in a court approved DUI education course. * License revocation for one year if a defendant is found to have refused to submit to a blood, breath, or urine test after being lawfully requested to do so, sometimes even when the defendant is not convicted of driving under the influence! For a subsequent or Second Offense DUI, the alleged offense must occur within 10 years of the first offense, and the citizen accused may be subject to: * Mandatory jail time of 45 days; * Fine between $600.00 and $3,500.00 as well as court costs; * May also require participation in a court approved alcohol or drug treatment program; * Mandatory loss of license for a period of 2 years. For a Third Offense DUI, the citizen accused will be subject to: * Mandatory jail time of 120 days and up to 11 months and 29 days; * A minimum fine of $1,100 and up to $10,000.00; * Mandatory loss of licence for a minimum of 3 years and up to 10 years. For a subsequent or Fourth Offense DUI, a conviction is classified as a Class E Felony; also, the citizen accused will face: * A minimum fine of $3,000.00 and up to $15,000; * Mandatory imprisonment from 150 consecutive days, to be served day for day, to the maximum length of imprisonment allowed for a Class E Felony; * Mandatory loss of license for a period of 5 years; * Extensive community service for any prescribed period of time in addition to a number of other penalties possible. The amount of mandatory jail time, fines, and length of time for a loss of license increase exponentially with each conviction of DUI as do the repercussions as to your record and finances. For these reasons it is imperative that you retain sound legal advice and representation to insure the protection of your rights and to prevent some of these drastic consequences from occurring which have potential to permanently affect your education, career, and professional opportunities as well as causing conflict in your personal life.
- Lowery, Lowery & Cherry: How does Tennessee handle criminal investigations? An officer must have reasonable suspicion that a crime is or has been committed before an individual can be questioned or restrained, according to the fourth amendment to the United States Constitution. If an officer can find evidence to support an arrest, the accused is advised of Miranda rights, including the right to remain silent and the right to counsel. If the person chooses not to speak to the police officer, transport to a holding or booking facility follows. A magistrate will be presented with the case and then issue the arrest warrant if enough preliminary evidence is presented. A bond may be granted and a court date issued. What is a plea bargain and how does it work? A plea bargain allows a defendant to plead guilty to lesser charges with shorter penalties in exchange for saving the court from having to hold an expensive trial. For instance, if an individual was charged with a second offense DUI—operating a motor vehicle while impaired for the second time—the minimum penalty for that offense is 45 days in jail in the state of Tennessee. In a plea bargain, this may be changed to a DUI first offense. The defendant may receive two days in jail as opposed to the 45-day sentence. Defendants who know they are guilty and are aware of the amount of evidence again them generally opt for a plea bargain with its sure penalty, rather than pleading not guilty in court and risking punishment to the full extent of the law. What are the most common mistakes your criminal clients make? Number one is they allow officers to search them, or their vehicle or their home, without a warrant. Consenting to search is probably number one. Number two is talking with officers instead of remaining silent. They will give statements when they should consult with a lawyer first. We could solve so many problems for our clients if they simply would say no, you cannot search and no, I am not going to speak with you. A common question often asked by those facing criminal charges is what would be the point in hiring a criminal defense attorney if you’re pleading guilty anyway? That’s an excellent question because the majority of American citizens don’t understand their rights or the criminal justice process. By going into a court of law unrepresented, you lose the opportunity to take advantage of procedures and rights that only criminal defense lawyers have knowledge of. If you don’t have someone to advocate the best possible outcome for you, even if you plead guilty, negative things may happen that can never be undone. For instance you may be eligible for a Tennessee diversion agreement whereby at the end of a certain period of time your case may be able dismissed and expunged from the record. If you do not have legal counsel, more likely than not, you will know about the availability of diversion. That is just one of the many issues that arise for people who are unrepresented by legal counsel in criminal matters.
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