Tennessee maintains strict DUI laws designed to protect the public. If you’re under the influence of any intoxicating substance while operating a motor vehicle, you may be liable to stiff penalties including fines, court-ordered rehabilitation, and in some cases, jail time.
If you’re facing a DUI, you need a top-rated Nashville DUI lawyer to represent you during this trying time effectively. Our attorneys are familiar with each aspect of the court proceedings and can prove to you with the bold advocacy you need in your case.
If you’re facing DUI charges, don’t let yourself get lost in the justice system. Contact Herbert & Lux today for a free case review.
Do I Need a Lawyer for a DUI in Tennessee?
DUI laws in Tennessee are both intricate and continuously changing, making it crucial to have an experienced legal professional on your side. Attorneys who focus on DUI cases possess an in-depth knowledge of these regulations and are well-equipped to safeguard your rights throughout the legal process. By hiring a dedicated DUI attorney, you gain an advocate who can negotiate plea deals to potentially reduce your charges or lighten the severity of your penalties. We will analyze the evidence against you, including blood alcohol concentration (BAC) test results, and challenge the validity or admissibility of that evidence in court when necessary.
Tennessee enforces an implied consent law, meaning that by driving, you automatically agree to submit to a BAC test if requested by law enforcement. Refusing this test comes with serious consequences, including an automatic suspension of your driver’s license. Having a knowledgeable attorney who understands the nuances of DUI laws in Nashville can make all the difference. A skilled lawyer improves the likelihood of a favorable outcome by ensuring you are treated fairly and your case is thoroughly examined.
DUI Tests and Your Rights
Tennessee uses a variety of DUI tests to determine intoxication. It's important to remember that these tests are not foolproof and can be challenged in court. An experienced DUI attorney can help you understand your rights and options regarding these tests. The most common types of DUI tests are:
- Field Sobriety Tests: These are roadside tests administered by the arresting officer.
- Breathalyzer Test: This is a breath test often administered at the scene of the arrest to measure your BAC.
- Blood or Urine Test: If you are arrested for a DUI, you will be asked to submit to a blood or urine test at the police station or hospital.
While you do have the right to refuse field sobriety tests, refusing a blood or urine test comes with an automatic license suspension under Tennessee's implied consent laws.
Impacts of a DUI Conviction in Tennessee
A DUI conviction in Tennessee can have a lasting impact on your life, including:
- Fines: You could face hefty fines, ranging from hundreds to thousands of dollars.
- Jail Time: Even a first-time DUI offense can result in jail time, ranging from 48 hours to 11 months and 29 days.
- License Suspension: Your driver's license will be suspended, making it difficult to get to work, school, or other essential activities.
- Increased Insurance Rates: Your car insurance rates will likely increase significantly.
- Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle, preventing you from starting the car if you have been drinking.
- Criminal Record: A DUI conviction will stay on your criminal record, potentially affecting your employment opportunities and housing options.
If you are facing a DUI charge in Tennessee, it's crucial to seek legal representation as soon as possible. An experienced DUI attorney can help you navigate the legal system and protect your rights.
Penalties for DUI in Tennessee
Tennessee maintains some of the most strict DUI laws in the country. In the state of Tennessee, it is unlawful to drive any motor vehicle on any public roads, as well as some other public areas if you’re under the influence of any intoxicating substance. Blood alcohol content of 0.08% or higher qualifies as a DUI.
Is a DUI a Felony in Tennessee?
A first time DUI offense is typically considered a misdemeanor in Tennessee. However, a DUI can become a felony conviction under certain circumstances, such as:
- Four or more DUI offenses: This is automatically a Class E felony.
- DUI involving injury or death: If someone is injured or killed as a result of your drunk driving, you will face felony charges for vehicular assault or vehicular homicide.
- High BAC: While not technically a felony, a BAC over .20% can increase the severity of your penalties.
How Long Does a DUI Stay on Your Record in Tennessee?
Unfortunately, a DUI conviction in Tennessee stays on your driving record indefinitely. This means it can impact your life for years to come, even after you've completed your sentence. While some DUI-related penalties have time limits (like license suspension), the conviction itself remains on your record permanently.
Recent Tennessee DUI Law Updates
While the legal blood alcohol concentration limit will remain 0.08%, as of July 1st 2024, the aggravating DUI factor in Tennessee has been lowered to .15% from .20%. This means that you can face more severe penalties for a lower BAC than before.
In addition to lowering the BAC for an aggravated DUI, the penalties for an aggravated DUI have been increased as well. Previously, the penalty for an aggravated DUI was 48 hours in jail and it is now 7 days in jail.
Regardless of the severity of your offense, penalties can be severe. A first offense for DUI carries a penalty of:
- Up to 11 months jail time
- Revoked license for 1 year with a restricted license available
- Mandatory participation in alcohol and drug treatment program
- Paying restitution to anyone who was injured or suffered loss as a result of the DUI
- Fines ranging from $350-$1,500 (but with additional expenses, total cost could add up to just under $5,000)
- Ignition Interlock Device installed at your expense. (Could cost more than $1,000).
Repeat DUI offenses carry even higher penalties. DUI charges are serious, and they have the power to impact every aspect of your life including your family, personal and professional life. Don’t let this mistake define you – call us today for the help you deserve.
What Matters Do Our Nashville DUI Attorneys Handle?
Our team of experienced and aggressive Nashville DUI lawyers knows how to handle every aspect of your DUI proceedings, regardless of how severe. We are members of the National DUI Defense Lawyers Association (DUIDLA), which exists to support the top-rated DUI defense lawyers in the nation.
We have extensive handling cases involving the following and more:
- Aggravated DUI
- Underage DUI
- DUI with drugs
- Fighting Field Sobriety Tests
- Implied Consent
- Independent Blood Testing
- Fighting Breathalyzer Results
- DUI Causing Injury or Death
- DUI Leaving the Scene
- Felony DUI
If you’re facing criminal charges, it’s critical that you have the kind of counsel in your corner that not only understands every facet of Nashville DUI law but can also protect your rights while defending you from the harsh penalties you may be facing. At Herbert & Lux, we know your rights, and how we can best defend you against the charges you’re facing.
How to Beat a DUI Charge in Tennessee
At Herbert & Lux, an experienced Nashville DUI lawyer will review every aspect of your case from top to bottom to exonerate you of your charges.
Our lawyers will work tirelessly to examine aspects of your case, such as:
- Why were you pulled over?
- Was the officer actively looking to complete a DUI arrest, or did they just happen upon your vehicle?
- What evidence (if any) did the officer encounter that allowed him to investigate further if you were under the influence?
- Does the state allege that you broke a traffic law? If yes, was a citation issued for the offense?
- Were field sobriety tests correctly administered?
- Was there a problem with the breathalyzer or blood draw procedure?
- Were there any witnesses?
- Is there footage of the arrest we can review?
Regardless of the circumstances surrounding your arrest, you need to retain a top Nashville DUI attorney to review your case in search of the kind of evidence that can prove your innocence.
Why Should You Hire a Nashville DUI Lawyer?
With years of combined experience defending against DUI charges, our top-rated Nashville DUI attorneys can provide the experience, professionalism, and diligence you need to come out on the right side of these charges. Our attorneys are experienced in Tennessee DUI laws, including those specific to Middle Tennessee counties. No matter where you’re located, our DUI defense team is here to help. We serve Davidson County, Wilson County, Rutherford County, Williamson County, Sumner County, Robertson County, and beyond. Consultations are always obligation-free—contact us today!
