Sponsor Attorney
Steffen Schreiner:
Why Hundreds in Tennessee Are Unjustly Convicted of DUI
Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.
You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses – all of which may help you to win your case at trial.
To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.
For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.
When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.
Tennessee DUI Drunk Driving Defense Information
Search for Tennessee DUI Defense Attorneys by County
Attorney Offices by Municipality
- Chatanooga
- Robinson Law Firm: Make sure you have experienced and compassionate lawyers at your side throughout your criminal case.
- Lorraine Raymond: Persons charged with criminal offenses have rights and someone must be responsible for protecting and enforcing those rights.
- Hallie H. McFadden: If you are facing a criminal charge, you urgently need help from an experienced criminal defense lawyer. For serious or repeat charges, your freedom will be at stake, but even lesser charges have serious consequences. You may end up with a permanent criminal record and have trouble getting a job or exercising your rights if you are convicted.
- Johnny Houston: A DUI conviction is a criminal conviction that remains on a person's criminal record forever. The "costs" of a conviction include but are not limited to: 1.) Increased automobile insurance costs, five years in most cases; 2.) Job opportunity implications - many employers are now denying employment to persons with alcohol related driving convictions; 3.) Restricted or NO driving privileges; 4.) Facing multiple offense sanctions if convicted again; 5.) If a college student, disciplinary action by the school.
- Jes Beard: Retain an experienced DUI defense attorney to represent you. DUI defenses are often highly technical and unique to DUI cases, meaning only an attorney experienced in DUI cases is likely to spot the most favorable issues to present to a prosecutor, judge or jury.
- Clarksville
- Aldred Law Office" You can plead guilty and do the jail time and pay the fine by yourself much cheaper than hiring any lawyer! This is seldom, if ever in your best interest!
- Cordova
- Cohn Law Firm: Sometimes a trial is the best course of action. The client then has the right to have a jury of his peers hear the evidence, and then decide whether or not the client is guilty, and what the sentence will be.
- Covington
- Franklin
- Byrd & Asssociates: Facing criminal charges is painful and traumatic for most people, and conviction can result in serious, life-changing consequences.
- Germantown
- Snider, Horner & New: Generally in Tennessee, 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 under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or when the alcohol concentration in such person's blood or breath is eight-hundredths of one percent (.08%) or more.
- Johnson City
- Scott Pratt: A DUI conviction has serious consequences including jail time and the loss of your driving privileges.
- Knoxville
- 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.
- Madison
- Kimberly Hode: Refusing to answer a police officer's questions is not a crime. Of course, people often voluntarily assist the police by supplying information that might help the police make an arrest. But the Fifth Amendment to the U.S. Constitution guarantees the "right of silence." A police officer generally cannot arrest a person simply for failure to respond to questions. This means that unless a police officer has "probable cause" to make an arrest or a "reasonable suspicion" to conduct a "stop and frisk," a person approached by the police officer has the legal right to walk away. But the fact that there may be a legal right to walk away doesn't mean this is a wise move. This is because there is no real way to tell what information the officer is using as a basis for his or her actions. In fact, the officer may have information that gives him or her a valid legal basis to make an arrest or to conduct a "stop and frisk," even if the individual is, in truth, innocent of any wrongdoing. If that is the case, an officer may forcibly detain an innocent individual who starts to leave the scene of an interview.
- Maryville
- Costner & Greene: Besides the loss to your reputation, a criminal conviction for DUI can result in increased insurance premiums, the suspension or revocation of your license, and can even cost you a job, promotion or other opportunities in the future.
- James Snyder: The need for a good criminal defense attorney has nothing to do with the guilt or innocence of the person charged. Being accused of a criminal offense is one of the most traumatic events that can occur to a person. A person charged with committing a criminal offense needs to immediately retain an experienced competent attorney who can answer all questions, address bail issues (if necessary), begin to investigate the facts surrounding the charge(s), and research the applicable law. In choosing an attorney, it is essential that the client feel absolutely confident in the attorney's ability to handle the matter and trust the advice which the attorney gives. Many people who are well meaning will attempt to give helpful advice regarding what the accused should do. Under no circumstances should this advice be relied upon. I have had clients who convinced themselves (or been convinced by others) that they were guilty of a crime when they had either not committed a crime or had an absolute defense. Even when the issue of guilt can be clearly established, it is important to have an attorney who can handle the various sentencing alternatives which may include various ways of keeping the matter off of the person's criminal record, or minimizing the punishment imposed. This can be as important as the issue of guilt or innocence.
- Memphis
- Claiborne H. Ferguson: More than one and a half 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 chance of submitting or not submitting to a breath or blood alcohol test. Then it is off to jail. Most people are totally shocked and confused with the experience of being arrested for DUI. Many experience feelings of guilt and shame. Many feel that their case is hopeless and they just want to plead guilty and "take their medicine." Before reaching the decision of whether to plead guilty or defend a case, there are a few things anyone facing this decision should consider. A DUI conviction is a criminal conviction that remains on a person's criminal record forever. The "costs" of a conviction include but are not limited to: 1.) Increased automobile insurance costs, five years in most cases; 2.) Job opportunity implications - many employers are now denying employment to persons with alcohol related driving convictions; 3.) Restricted or no driving privileges; 4.) Facing multiple offense sanctions if convicted again; 5.) If a college student, disciplinary action by the school and loss of job opportunities. Placing a monetary value on the above factors depends on each person's particular circumstances, but suffice it to say that the decision to defend a case or plead guilty should only be reached after careful evaluation of all the potential consequences of a conviction.
- Cordts & Gulley: Driving Under the Influence is serious crime. We caution everyone to refrain from drinking and driving period. The blood alcohol content (BAC) to be presumed to be under the influence is .10 for a first-time offender and .08 for subsequent offenders. A first offender with a .08 BAC can still be found guilty of Adult Driving While Impaired under Tennessee law. ON JULY 1st OF 2003, TENNESSEE WILL MOVE TO A SINGLE BAC limit of .08. If you are arrested for DUI, dont just give up! Let us investigate and help you determine if you can fight the charge. We will defend you and help you try to avoid this serious conviction. This criminal charge can have long-lasting consequences. A conviction will show up as an "A" misdemeanor (the most serious misdemeanor level) on your permanent criminal record. In addition, your driving will be affected and your insurance rates will undoubtedly rise.
- Breakstone & Associates: Clients want reassurance that their attorney is competent and not afraid of a fight.
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McElroy & Associates:
DUI/DWI Defense-A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Tennessee or Mississippi carries with it heavy penalties, including:
- A permanent criminal record
- Suspension or loss of license
- Increased insurance rates
- Community service
- Possible jail or prison time
- Alcohol assessment and treatment
- Probation
- Vehicle immobilization or forfeiture
- Serious fines
- Possible job loss
- Rob Wilson: An arrest may happen to anyone. Prior to your court appearance date, it is in your best interest to consult with an experienced attorney to advise you of your legal rights.
- Steffen Schreiner: Now that you've come into contact with the law, you've found out the dirty little secret. Anyone drinking and driving is subject to arrest, whether or not it was affecting their driving ability. But being arrested does not mean you will be convicted.
- James Carraway: If you have been charged with a driving under the influence or driving while impaired offense, then you are faced with a number of difficult and important decisions. Decisions which will effect you, your family, your standard of living, and possibly the very way of life you have become accustomed to. A DUI/DWI conviction carries severe legal consequences including mandatory minimum jail time, license revocation, fines, alcohol school or counseling, community service, and probation for at least 11 months 29 days. Your insurance rate will probably increase if your insurance is not canceled first. Driving to the grocery store, church, family functions etc. will end due to your license revocation. Of course if you have a restricted license issued you can drive to and from work, but if you stray from the route to or from work and are caught you will be facing new jail time for driving while license revoked due to your DUI\DWI conviction.
- Waggoner Law Firm: You have a right to a public and speedy trial, even by jury if you wish. The police must prove their case against you beyond a reasonable doubt. That is guaranteed by the Constitution. However, most DUI cases never go to trial. Sometimes, defendants are afraid of what will happen, or they wish to take a lesser offense such as reckless driving. Many times a case may be dismissed against you because of a lack of evidence or the wrong action by police. Each case is different.
- Robert Little: Your defense may rely on how accurately you remember the events of your arrest.
- Jennifer Lynn Thompson: Tennessee Driver's Handbook-alcohol provisions.
- Nashville
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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.
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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.
- 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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