If you face DUI charges, do not feel overwhelmed by the legal process. An experienced Nashville DUI lawyer can help you build a compelling case for mitigated or even dismissed charges, and you might even be able to obtain a restricted license during a period of license suspension.
Attorney Amanda J. Gentry will look at the facts of your case to determine your possible outcomes. She is not just talking but also action; she will provide honest, to-the-point feedback and guide you efficiently through the process from beginning to end.
When you work with Attorney Gentry and her team, you can expect an assertive and tenacious legal representative. They will not let you fall for a DUI without a fight.
Charged with DUI? Do not hesitate to contact the Law Offices of Amanda J. Gentry to start your legal defense. Schedule a confidential consultation online or at (615) 604-6263.
What Constitutes a DUI in TN?
In Tennessee, it is illegal for a person to drive or be in actual physical control of a vehicle while:
- the person has a blood alcohol content (BAC) of .08% or greater (.04% or more for commercial drivers) or
- the person is under the influence of any intoxicant, marijuana, controlled substance, controlled substance analog, drug, or substance affecting the central nervous system.
Note that in the context of Tennessee law, being "under the influence" means being impaired to an extent that affects the driver's ability to operate a motor vehicle safely.
Penalties and Sentencing for DUI in Tennessee
A DUI conviction could lead to jail time, fines, and certain license suspension periods. The specific sentence will largely depend on the severity of the offense and whether the defendant has been previously convicted of a DUI:
1st Offense DUI
- Up to 11 months and 29 days in prison (48-hour minimum with BAC of .08% or 7-day minimum with BAC of .20%); $250-$1,500 in fines; 1-year license suspension
Judges may issue first-time offenders a temporary restricted license during their suspension period. This license permits the defendant to drive for essential purposes, such as travel to work, school, or treatment. Drivers will likely be required to install an ignition interlock device (IID) to obtain a restricted license.
2nd Offense DUI
- 11 months and 29 days in prison (45-day minimum); $600-$3,500 in fines; 2-year license suspension
3rd Offense DUI
- 11 months and 29 days in prison (120-day minimum); $1,100-$10,000 in fines; 6-year license suspension
Note that judges may allow certain offenders to serve a jail sentence with work-release, which permits them to continue employment but return to the jail after work each evening.
Additionally, provided the offender serves the minimum jail sentence, the judge may decide to suspend the remainder of the sentence and order probation instead. DUI probation usually includes completing a substance abuse assessment and following any further recommendations. In serious cases, judges may also order the forfeiture of any vehicle used to commission the DUI offense.
It is important to note that the legal consequences of a DUI conviction in Tennessee can be severe, even for a first-time offense. In addition to criminal penalties, a DUI conviction can result in long-term consequences, such as increased insurance rates, difficulty obtaining employment, and loss of driving privileges. If you are facing a DUI charge in Tennessee, it is crucial to seek the guidance of an experienced DUI attorney in Nashville who can help protect your rights and defend your case in court.
Is a DUI a Felony in TN?
A DUI is not automatically a felony in Tennessee, but it can be.
The classification relies on the circumstances of the crime, such as:
- Prior DUI convictions
- The driver's blood alcohol concentration (BAC)
- Whether anyone was injured or killed in the DUI incident
- If any of these issues occur, the crime may be classified as a felony.
In Tennessee, felony DUI charges are punishable by longer prison sentences, higher fines, and longer periods of driver's license suspension.
In Tennessee, a fourth DUI offense or any subsequent offense is automatically classified as a felony, regardless of aggravating factors.
What is Tennessee's Implied Consent Law?
Like many states, Tennessee has "implied consent" laws that require all drivers lawfully arrested for DUI to submit to a breathalyzer test. The officer may request a blood or breath test, but only a breath test is required without a warrant. Unlawful refusal could result in a one-year suspension for a first offense and a two-year suspension for a second offense within the last ten years.
Why Should You Hire a DUI Lawyer?
Hiring a reputable DUI defense attorney is one of the best steps you can take to ensure that you explore all possible options when facing a DUI charge.
Here are several benefits of hiring a DUI lawyer in Nashville:
- A skilled lawyer can help you understand a conviction's potential consequences and ensure that your rights are protected throughout the legal process.
- A lawyer will also be able to assess if any procedural errors occurred during your arrest that could influence the outcome of your case
- A lawyer will use their knowledge to advocate on your behalf, such as negotiating with prosecutors or filing motions to suppress evidence.
- A lawyer can provide guidance regarding available plea deals and other options so you can decide how to proceed with your case.
Furthermore, having an experienced criminal defense attorney by your side can often lead to reduced or dismissed charges and sentences, potentially avoiding license suspension or even getting reinstated if it has already been suspended. This can be invaluable for individuals who rely on driving for their daily activities, such as work or school.
Sometimes, an attorney may also get the court to order a less severe punishment than what is usually handed out for DUIs, such as community service instead of jail time.
Hiring a qualified criminal defense attorney after arrest can help reduce the chances of facing serious consequences from a conviction and provide peace of mind during one of the most trying times.
