DUI / DWI

Driving Under the Influence (DUI) or While Intoxicated (DWI) in Nashville Tennessee

If you’ve been charged with DUI in Nashville, you’re likely facing a range of serious consequences that can affect your personal and professional life. With Tennessee’s strict DUI laws, even a first offense can carry severe penalties, including jail time, license suspension, heavy fines, and mandatory alcohol education programs. 

 With a deep understanding of Tennessee DUI laws, I’ll work tirelessly to protect your rights and achieve the best possible outcome for your case. DUI charges can be complex so don’t try to go it alone. Together, we will seek to identify weaknesses in the prosecution’s case and explore every available option to reduce or dismiss your charges.

What Constitutes DUI in Tennessee?

In Tennessee, a driver is considered legally impaired if they have a blood alcohol concentration (BAC) of:

• 0.08% or higher for drivers aged 21 and older
• 0.04% for commercial drivers
• 0.02% for drivers under 21

However, a DUI charge isn’t limited to alcohol; you can also be charged with DUI if you are found driving under the influence of drugs, including prescription medications that impair your ability to operate a vehicle.

Consequences of a DUI Conviction in Tennessee

The penalties for a DUI in Tennessee vary based on prior offenses, BAC level, and any aggravating circumstances, such as driving with minors in the vehicle or causing an accident. Possible penalties include:

1^st Offense- A sentence of 11 months and 29 days typically all suspended but a mandatory minimum of 48 hours in jail, $350 fine up to $1,500,   and license suspension for 1 year

2^nd Offense same as above except the mandatory jail time increases to 45 days, fines up to $3,500, and license suspension for 2 years

3^rd Offense- Minimum 120 days in jail, fines up to $10,000, and license suspension for 6 years

4^th and subsequent Offenses are Considered a felony, with up to 6 years in prison, higher fines, and longer license suspensions

Additional Consequences 

In addition to legal penalties, a DUI conviction can result in increased insurance rates, loss of employment opportunities, a permanent criminal record, and mandatory installation of an ignition interlock device. These consequences make it crucial to have a dedicated defense attorney on your side.

My Approach to DUI Defense

I begin every DUI defense with a thorough review of every detail of your arrest, from the traffic stop to field sobriety and chemical testing procedures. Additionally, I look for any procedural errors or rights violations which can lead to a dismissal or reduction of charges. Some key elements I’ll examine include:

Was the stop lawful.  I’ll investigate whether the arresting officer had probable cause to pull you over.

Were the field sobriety test performed properly?  Field sobriety tests are often unreliable, and improper administration can compromise their accuracy. Additionally, we’ll examine to see if you have any health conditions that might have affected the outcome of the test.

Accuracy of the Breath or Blood testing results. Breathalyzer and blood tests can be flawed due to faulty equipment or improper handling. I’ll scrutinize these results and, if appropriate, challenge them in court.

Depending on the circumstances of your case, I may pursue a range of defense strategies, including:

Challenging the evidence– Questioning the validity of test results or witness statements.

Pursuing a Dismissal– In cases where there are significant flaws in the prosecution’s evidence, I’ll work toward dismissal of charges.

Negotiating for reduced charges– Working to have your charges reduced from DUI to reckless driving, where possible.

Frequently Asked Questions About DUI

Q: Can I get my DUI charge dismissed or reduced?

A: It depends on the specific details of your case. I’ll thoroughly review all aspects to identify weaknesses in the prosecution’s evidence and pursue options to reduce or dismiss the charges whenever possible.

Q: Will I lose my license if I get a DUI in Tennessee?

A: Tennessee has mandatory license suspensions for DUI convictions, but in most cases you can get a restricted license to allow you to drive during the revocation period.

Q: How long does a conviction for DUI stay on my record in Tennessee?

A: A DUI conviction in Tennessee stays on your driving record permanently.

If you’re facing a DUI charge in Nashville, I understand the impact this charge can have on your life, and I’m here to help you navigate the legal process.

Contact me today for a free consultation, and let’s discuss your options for moving forward with confidence.