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Search for Tennessee DUI
Attorneys by County.
Nashville DUI Lawyers
- Simon, Lawrence:
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Social Security Disability Insurance Benefits (DIB); and Supplemental Security Income (SSI). All types of disabilities, physical and mental.
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Represent injured workers, all types of job related injuries.
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Automobile accidents and injuries; Premises Liability.
* Family
Contested and Uncontested Divorce, Legal Separation, Reconciliation, Parenting Plans, Child Support, Residential Parenting/Child Custody, Visitation, Paternity and Legitimation, Juvenile Court.
* Criminal
Private criminal defense practice.
* General Practice
Consumer complaints and general civil practice.
- 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.
- 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.
Any time your liberty is at stake, you need a lawyer. In the case of a
DUI, your personal liberty is even in more jeopardy because, unlike
other offenses in Tennessee, DUI in Tennessee provides for mandatory
jail sentences if convicted. That means in Tennessee, if you are
convicted of DUI, you go to jail. In addition, penalties for DUI
convictions in Tennessee include steep fines, suspension of driving
privileges, court costs, community service work, probation and
attendance at an alcohol safety school, in addition to other penalties
that may apply to unique circumstances. Also, currently a conviction for
DUI in Tennessee cannot be expunged from your record. These penalties
can affect your employment, financial well-being, relationships and
virtually every aspect of your life well into the future. This makes it
all the more imperative that you have the services of a respected
Tennessee drunk driver accident lawyer to represent you when facing DUI
charges in Nashville or anywhere else in Tennessee.
If you are charged with DUI in Nashville or anywhere in Tennessee, you
need a lawyer to protect your interests. Whether it is the firm of
Haymaker & Heroux, P.C. or another experienced DUI team, you need an
experienced DUI lawyer to represent your interests.
Defending an individual charged with DUI in Nashville or anywhere in
Tennessee is a highly technical area of criminal defense practice. While
many people think of DUI as more of a traffic offense than a real crime,
the mandatory minimum penalties that exist in Tennessee can affect a
person’s life in a profound way. In fact, countless lives are affected
every year as the crime of DUI is charged often and punished severely in
Tennessee.
- 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.
-
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.
- 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.
Examples of evidence used in a typical DUI case
The defendant’s driving behavior: Was the defendant swerving or weaving? Was the defendant speeding? Or was he stopped for a bad taillight or other equipment malfunction. Can the driving be explained?
Physical Coordination: if a defendant is having difficulty walking? Can the difficulty be explained?
Odor of Intoxicants: does the accused smell of alcohol? Of course, this does not mean that the defendant is under the influence.
Eyes and facial color: are the defendant’s eyes bloodshot and watery? Is the face red or flush? Can this be explained?
Speech: Is the defendant’s speech slurred? If so, can this be explained?
Field Sobriety Tests: Did the defendant perform well on the roadside tests? If not, are their contributing physical and/or psychological factors for poor performance.
Statements: Did the defendant make any incriminating statements to the arresting officer?
Blood or Breath test results: What was the result of the defendant’s breath or blood test? Are the results valid?
Witnesses: Are there any witnesses available to either the defense or prosecution other than the defendant and arresting officer?
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