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Search for Tennessee DUI
Attorneys by County.
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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