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Nashville DUI Lawyers

  • Duncan, Anthony: If there is a trial will I need to be there? Yes, if there is a trial, you must be present.
  • Stephenson, Brian: A DUI charge can happen to anyone. One too many drinks at dinner or a concert, and you're stopped for going a few miles per hour over the speed limit. The arresting officer has often times pre-determined that you're going to jail before he even asks you to complete the field sobriety tasks or blow into the breathalyzer. The police will often also arrest the owner of the car for letting a drunk friend or family member drive while the owner thinks that he or she is being responsible by being the passenger (TN law calls this "DUI - Vehicle Owner"). But just because you've been arrested doesn't necessarily mean that all is lost. You need an experienced attorney, familiar with the criminal justice system, to analyze your case, explain your rights, options, and possible outcomes, and defend you to the fullest extent.
  • Preston, Ashley: A defendant's probation may be revoked by a trial judge if the defendant violates any of the terms or conditions of his or her probation. Only the trial judge that granted probation to the defendant has authority to revoke the defendant's probation.
  • Parrish, Eileen: After a defendant is convicted, he may file a motion for an acquittal. An acquittal is a formal certification of innocence or a finding of not guilty. Typically, the basis for filing a motion for an acquittal is that the evidence does not support the verdict.
  • Oliva, John: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise.
  • Freeman, Blake: A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances.
  • McEvoy, Bernie: Tennessee drunk driving penalties are among the toughest in the country. A person convicted of driving under the influence (DUI/DWI) can lose his license for one year and will have to serve a mandatory 24 hours of jail time. The penalties for subsequent convictions are increasingly severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third. People can lose their house or job when a DUI conviction puts them in jail for an extended period.
  • Durham & Dread: If you have been arressted for a crime you need immediate help.
  • Rob McKinney: The primary issue in your drunk driving case relates directly to the probable cause for the vehicle stop. If a roadblock was set up, that is fodder to have your case dismissed as well. The assertions of the arresting officer and information they provided on the 132 form will be challenged. A witness to the stop and the subsequent arrests can be a valuable resource. In addition to an experienced DUI defense attorney and seasoned paralegals with investigatory backgrounds working for you, also bring in experts in field sobriety, breathalyzer testing and blood alcohol analysis.
  • Jonathan Street:

    Getting a DUI is a life changing experience. Many times, the people charged with this crime have little to no experience with the criminal justice system and have no idea what to expect. DUI also is a crime which law enforcement and District Attorneys are very aggressive in prosecuting. The blood alcohol content (BAC) limit in Tennessee is .08, this can mean as few as two drinks for some people. A persons BAC will depend on many factors, such as weight, time period in which drinks are consumed, a persons individual rate of metabolism, and many others.

    Driving Under the Influence is one of the few crimes for which an individual can be convicted solely on the opinion of a police officer. While most Tennessee DUI offenses are classified as misdemeanors (although a fourth-offense is a Class E felony in Tennessee), the penalties for Tennessee DUI are typically much more serious.

    Upon conviction for First Offense DUI in Tennessee, a person is subject to a 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 higher. A first offense also require a minimum $350.00 fine and court costs; the loss of driver's license for a period of one year; and enrollment in a court approved DUI education course.

    Attendance at AA meetings may also be required. License revocation for one year is also required when a defendant is found to have refused to submit to a chemical test (blood, breath, or urine) after being lawfully requested to do so. This may apply even where the defendant is not convicted of DUI.

    Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.

    To be charged with a second offense DUI, the alleged offense must occur within 10 years of the first offense. A second offense carries a mandatory jail time of 45 days and a fine between $600 and $3,500. Second offense also carries with it a mandatory loss of license for a period of 2 years.

    The mandatory jail time, mandatory fine, and mandatory loss of license increases dramatically upon each conviction of DUI. If you are charged with DUI, it is crucial you obtain legal representation so your legal rights are protected. Our firm has handled many DUI cases and is experienced in ensuring that the State can prove each element of their case beyond a reasonable doubt.

    Tennessee DUI law requires the government to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content of .08% or higher. Failure of the state to prove each of these elements beyond a reasonable doubt will result in an acquittal.

  • Thomas Drake: Whether your case is heading to federal court or state court, you need a criminal defense attorney who will give your case the serious and strategic defense you deserve.
  • James McKinney: Most repeat DUI offenders are assigned a probation officer and may be required to install an ignition lock device on their car. In order to start your car, you are required to blow into the device without registering any alcohol on your breath before the car will start.
  • Quillan, Flanagan & Quillan: A conviction for First Offense DUI may cost you $5,000 in fines, court costs, probation fees and increased insurance costs. A conviction for Second Offense DUI in Tennessee means at least 45 days in jail, loss of license and maybe the loss of your job. Tennessee requires at least 120 days on a Third Offense DUI and a Fourth Offense DUI is punishable by up to 6 years in prison. You need a DUI lawyer who likes to try cases before a jury.
  • John Lowery: “Driving under the influence”, or “Driving while intoxicated”, is the term for alcohol-related driving behavior. It is responsible for nearly 1/3 of all traffic deaths in this country. Many of these impaired drivers are repeat offenders and all can cause a heavy burden of death and/or injury to themselves and to innocent drivers, passengers, and pedestrians. Anyone who causes an accident while driving under the influence of alcohol or another substance is considered negligent. Unfortunately, this is of little comfort to someone who has sustained injuries or lost a loved one in an alcohol-related accident. The driver convicted of DUI has the liability to pay for all damages, but may not be the only person considered negligent or liable. Those who provided the alcohol may also be considered negligent and liable for damages. Many states have laws which impose liability on bars, clubs, restaurants, or hotels which supply liquor improperly. In such cases, a business is expected to exercise due care and not to serve anyone who is obviously drunk. Even someone outside of such a business may incur liability for supplying liquor to a driver who subsequently had an accident, injuring or killing others. The host of a party may be liable in some states if he continues to allow a guest to imbibe after it is obvious the guest is under the influence.
  • Haymaker & Heroux: Our legal system is far from perfect. Persons who are innocent are sometimes convicted. It is not uncommon to hear of citizens being released after having been incarcerated for years. DNA technology has had a profound impact on the criminal justice system and has been use to prove that innocent persons have been convicted of crimes and wrongfully incarcerated. The fact that a person is innocent of the charges alleged against them should never lead to the conclusion that they do not need the very best legal defense they can secure.
  • Hollins, Wagster, Yarbrough, Weatherly & Raybin: The greatest sin that an attorney can commit in a criminal case is failing to go with the client to see the pre-sentence officer. No lawyer would consider allowing the client to meet with the detective or the district attorney without the lawyer being present. However, lawyers frequently allow their clients to see the pre-sentence officer or probation officer without being there. The clients simply do not know how to act and do not know what to say or do and frequently give incorrect or incomplete information, which shows up on the pre-sentence report to the detriment of the client.
  • Willis & Knight: A Tennessee criminal arrest requires the immediate guidance of an experienced Tennessee legal professional. Failure to secure counsel from a skilled Nashville criminal defense / drunk driving attorney can result in serious penalties, including fines, jail time and a permanent criminal record.
  • Mondelli Law Offices:

    Public Chapter 855

    Alcoholic Offenses - Decreases from .10 percent to .08 percent blood alcohol content required to commit offense of DUI; repeals offense of adult DWI, but permits use of prior convictions for certain purposes; requires drug and alcohol assessment and treatment and use of ignition interlock device for certain offenders; creates pilot program in Shelby County.- Amends TCA Title 40, Chapter 33, Part 2 and Title 55, Chapter 10, Part 4.

    After several years of deliberation and refinement, in 2002, the general assembly enacted Public Chapter 855, which complies with the federal mandate that each state lower to .08 percent the amount of alcohol in a person's blood necessary to constitute the offense of DUI. This same public chapter also enacted other alcohol safety provisions required by the federal government.

    DUI BLOOD ALCOHOL CONTENT/DWI PROVISIONS (EFFECTIVE JULY 1, 2003)

    Under Public Chapter 855, the blood alcohol content (BAC) required for a per se DUI violation, and to create a presumption of impairment, will be reduced from .10 percent to .08 percent. The offense of adult driving while impaired (ADWI) will be repealed.

    Existing convictions for ADWI will still be used for determining whether to issue a restricted license, enhancing the sentence for a second of subsequent DUI, determining the license revocation period for failure to submit to a BAC test, and determining whether an individual should be classified as an habitual motor vehicle offender.

  • Marlowe Law Offices:

    1. You have a court date scheduled generally within 30 days of arrest. This court date is called a settlement date/arraignment where you plead guilty and take their predetermined punishment or get a court date for a hearing and prepare to fight it.

    2. The standard punishment for a first offense D.U.I is 2 days in jail, 1 year probation, Drug and alcohol assessment and school, loss of drivers license for one year, $300.00 fine and court cost. Note this is for an uneventful D.U.I. you could be looking at greater punishment defending on the Tennessee County you are in and on which Assistant District Attorney you draw to prosecute you based on the date of your arrest and the circumstances under which you were arrested (i.e. did you cuss out the cop, did you almost hit his car causing him to spill his coffee, were you driving extremely reckless, were you knee walking drunk way over the legal limit).

  • Ryan McFarland: If you are pulled over for being "suspected" of driving under the influence, the stop that the officer initiates once he turns on the bluelights must comply with the Fourth Amendment. A common practice is for officers to patrol areas in which there are a high concentration of establishments serving alcohol and to look for suspected intoxicated drivers. The officer will often make a pretextual stop in order to investigate further. A police officer may initiate an investigatory stop of a motor vehicle, when the officer possesses either probable cause or reasonable suspicion supported by specific and articulable facts that a criminal offense has been or is about to be commited. However, Tennessee courts have held that neither drifting within a lane nor merely touching the dividing line is a sufficient basis to stop a vehicle.
  • Brent Horst: In all drunk driving cases, the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense was at or above a statutory limit. In many states, the limit is .10 percent, but in others it is .08, and there is a national movement afoot to make that the limit in all states. In order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving, it is necessary to obtain a suitable sample of the arrestee's blood, urine, or hair at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that drunk driving has occurred. Some defendants, however, have been able to successfully challenge the results of such tests in court, thereby preventing a conviction. An attorney experienced in drunk driving defense law is in the best position to advise a client on whether the "Breathalyzer" test results may be subject to challenge in his or her particular case.
  • Martin Sir: If you or a loved one is accused of Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), you need a lawyer on your side who is committed to defending your constitutional rights. That's the bottom line. Now that the legal blood alcohol limit in the state of Tennessee has been reduced to .08, its more likely that you or your loved one could be accused of DUI . Many drunk driving incidents are handled improperly by the police and deserve to be thrown out of court based on procedural or evidential technicalities.
  • Thomas Potter: When a court has ruled that HGN is a scientific test requiring expert testimony, there are two common standards that govern how a prosecutor should lay foundation for HGN evidence. Depending on the state, the prosecutor will be required to meet either the Frye standard for the admissibility of scientific evidence, or the Daubert/Federal Rule of Evidence 702 standard (or a combination of both standards). Under the Frye standard, followed in approximately16 states, the prosecutor must prove that the HGN test is "generally accepted" in the relevant scientific community in order to lay the foundation for the admission of HGN evidence. Under the Daubert/Federal Rule of Evidence 702 standard, also followed in approximately 16 states, an expert may give opinion testimony on HGN evidence only if three conditions are satisfied: 1. Testimony is based on sufficient facts or data; 2. Testimony is the product of reliable principles and methods; and 3. The witness has applied the principles and methods reliably to the facts of the case. Other states have adopted their own standards for the admissibility of scientific evidence such as HGN, and others have not addressed the issue of admissibility at all.
  • Longaberger & Messer: Each year in Nashville only about fifteen people charged with DUI actually have their case decided at trial. Two thirds of Nashvilles DUI cases are settled within a few months. The remaining one third proceed to criminal court and may take up to a year to be resolved. Ninety eight percent of those charged with DUI in Nashville over the past four years have pled guilty to something.
  • Cynthia Bohn: Drunk Driving, or DUI, is a serious offense. But it starts with a guess: does the police officer think that you were drinking too much? The consequences can be severe - just a first conviction can result in a large fine, two days in jail and a one year license suspension. The Tennessee Department of Safety says that you can plan on spending over $4,900 for a first offense. An experienced attorney can help you find ways to defend the accusation, and to mitigate the damage.
  • Judson Phillips: DUI / DWI - If you are arrested and convicted of driving under the influence of alcohol (DUI), also known as driving while intoxicated (DWI) or drunk driving, the consequences could be quite severe if you do not have adequate representation. Do not think you can go to court and solve the problem by yourself. You need a competent and experienced attorney to represent you. You need someone who can raise all the valuable defenses or, if necessary, help you avoid the draconian consequences of the recidivist statute for prior offenses. Ordinarily, for a repeat offender, there are very severe penalties including a possible jail term, license suspension, and criminal conviction.

  • 1
    . Every Crime Should Be Taken Seriously.

     
    Any time you are charged with a crime, it is serious.  Something as simple as speeding cancarry 30 days in jail.  Other misdemeanors can carry eleven months and twenty-nine days in jail. Felonies can carry anywhere from one year in prison to life in prison without parole or even death!

    2. Always Use A Lawyer.

    If you are arrested you need a lawyer.  Your first call should be to your lawyer or to your family to arrange a lawyer.

    3. Heres Why You Need A Lawyer.

    Lawyers spend three years in Law school and years in practice learning how to protect your rights.  Was your car searched illegally?  Did you confess after asking for a lawyer?  Is there something wrong with the warrant or indictment that charges you?  Most lay people do not have the training to answer these questions.  Your lawyer can evaluate your case and determine if there is a defense to the charge.

    4. Do Not Plead Guilty Without Using A Lawyer.

    If you have committed a crime, that attitude is commendable.  But do you want to spend a lot of time in jail?  Just because you are guilty of a crime, does not necessarily mean a lot of jail time.  Many sentences are served on probation.  If you simply go into court and plead guilty, do you know if you are getting a good deal?  You are better off with an attorney to defend your rights.

    5. What happens in General Sessions Court?
     

    Most people are arrested on a warrant.  If you are arrested on a warrant and released on bail, you will be given a court date with time to appear in General Sessions.  If the case is a misdemeanor, it can be resolved in General Sessions Court.  If it is a felony or if you want a trial by jury, the case must be sent to the grand jury and then to Criminal Court.

    6. What IF You Cant Afford A Lawyer?

    Each Judicial District has a fine Public Defenders Office.  If you cant afford an attorney, you should ask for court appointed counsel.  It is your constitutional right to have an attorney and that is one right you should never waive.

    7. What Happens After General Sessions Court?

    If your case goes on to Criminal Court, then you will most likely be indicted.  After the indictment is returned, you go to Criminal Court for a trial by jury.  If you are convicted after a jury trial, then you may appeal your case to the Tennessee Court of Criminal Appeals, the Tennessee Supreme Court or even the United States Supreme Court.

  • Robin McKinney: The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
  • Lawyer Fowlkes: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
  • Lance Mayes: Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an under the influence or impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
  • Tidwell Cartee: ...proof of impairment may be based on the facts and circumstances surrounding the incident. It relies on eye-witness testimony, statements of the defendant, and circumstantial evidence. The actual amount of alcohol in a person's blood stream is irrelevant since the focus is on whether the ability to drive has been impaired. Standard police tests for impairment include having the defendant walk a straight line with one foot placed precisely in front of the other; closing the eyes and standing with arms held out from the body and touching the tip of the nose when instructed; reciting the alphabet; and counting backwards. Other signs of impairment are the officer's observations of the defendant's driving, which often leads to the stop. Driving too fast or too slowly, weaving from lane to lane, and going through stop signs have all been used as evidence of impairment. A statement by a driver about how much he or she had to drink, and how recently, is also used as evidence of impairment when supported by testimony about the probable effects of that amount of alcohol ingested at that time on a person's physical abilities.
  • Gregory Clayton: If you are suspected of drunk driving (DUI) and refuse too take a blood, urine or breath test, you can be charged with violation of the State's implied consent law and your driver's license may be suspended. There is NO law in the State of Tennessee requiring you to take a field sobriety test. If you take a field sobriety test you are giving the police evidence that can be used against you in court. You don't have to answer any questions or take any kinds of tests that may incriminate you.
  • DUI Mike: More than one million people nationwide are charged with the crime of Driving Under the Influence (DUI) annually. Most of these people are good, law-abiding citizens who simply had a few drinks with dinner and on the way home were stopped by the police for a minor traffic violation (i.e. speeding, no lights, no turn signal). They then were interrogated ("Have you been drinking tonight?"), told to submit to a series of field sobriety exercises (which are voluntary), placed under arrest,and given a seemingly no-win choice of submitting or not submitting to a breath or blood alcohol test. Then it is off to jail.
  • Lee Martin: Being arrested does not mean you have been convicted of a crime.
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