DUI Defense

Murfreesboro DUI Defense Attorney

Aggressive Defense for DUI Charges Throughout Middle Tennessee

Being arrested for driving under the influence (DUI) can be a frightening experience. You may be unsure of what to do next or how to protect your rights. At Parkerson Law, we understand the stress and anxiety you are facing. Our Murfreesboro DUI defense lawyer is here to help you navigate the legal process and fight for the best possible outcome in your case.

Call (615) 392-3012 or contact us online today to schedule a consultation with our team.

What Are the Penalties for a DUI in Tennessee?

In Tennessee, the penalties for a DUI conviction depend on the circumstances of the case. For example, if you have a prior DUI conviction on your record, you will face more severe penalties. Additionally, if you are convicted of DUI with a child in the vehicle, you will face enhanced penalties.

The penalties for a first-time DUI conviction in Tennessee include:

48 hours to 11 months and 29 days in jail
License revocation for 1 year
Ignition interlock device (IID) for 6 months
$350 to $1,500 in fines
Alcohol and drug treatment program

The penalties for a second DUI conviction in Tennessee include:

45 days to 11 months and 29 days in jail
License revocation for 2 years
Ignition interlock device (IID) for 6 months
$600 to $3,500 in fines
Alcohol and drug treatment program

If you are convicted of DUI with a child in the vehicle, you will face a minimum of 30 days in jail, a minimum of $1,000 in fines, and a minimum of 1 year with an IID. You will also be required to complete an alcohol and drug treatment program.

What Are the Legal Limits for a DUI in Tennessee?

In Tennessee, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If you are under the age of 21, it is illegal to operate a motor vehicle with a BAC of 0.02% or higher. Additionally, if you are a commercial driver, operating a commercial vehicle with a BAC of 0.04% or higher is illegal.

It is important to note that you can still be arrested and charged with DUI even if your BAC is below the legal limit. If the arresting officer believes that you are impaired by drugs or alcohol, you can be charged with DUI. In these cases, the prosecution will need to prove that you were impaired by drugs or alcohol at the time of the arrest.

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What Are the Field Sobriety Tests for a DUI in Tennessee?

When a police officer pulls you over on suspicion of DUI, they may ask you to perform a series of field sobriety tests. These tests are used to determine if you are impaired by drugs or alcohol. However, they are not always accurate and can be influenced by a variety of factors.

The three standardized field sobriety tests used in Tennessee include:

Horizontal gaze nystagmus (HGN): The officer will ask you to follow a moving object, such as a pen, with your eyes. If your eyes jerk involuntarily, it could be a sign of impairment.
Walk-and-turn: The officer will ask you to take nine steps in a straight line, heel-to-toe, turn on one foot, and return in the opposite direction. If you lose your balance, take the wrong number of steps, or make any other mistakes, it could be a sign of impairment.
One-leg stand: The officer will ask you to stand on one foot and count to 30. If you lose your balance, put your foot down, or make any other mistakes, it could be a sign of impairment.

In addition to these tests, the officer may also ask you to perform other non-standardized field sobriety tests, such as reciting the alphabet or counting backward. If you fail any of these tests, you will likely be arrested and charged with DUI. However, it is important to remember that you can still be arrested and charged with DUI even if you pass all of the field sobriety tests.

What Are the Defenses for a DUI in Tennessee?

If you have been arrested and charged with DUI, you may be unsure of what to do next. You may be wondering if there is any way to fight the charges and avoid a conviction. The good news is that there are several defenses that can be used to fight DUI charges in Tennessee.

Some of the most common defenses for a DUI in Tennessee include:

Improper stop: The police officer must have a valid reason to pull you over. If the officer did not have a valid reason to stop your vehicle, any evidence obtained during the stop can be suppressed.
Improper field sobriety tests: Field sobriety tests are not always accurate and can be influenced by a variety of factors. If the officer did not properly administer the field sobriety tests, any evidence obtained during the tests can be suppressed.
Improper chemical tests: Chemical tests are not always accurate and can be influenced by a variety of factors. If the officer did not properly administer the chemical tests, any evidence obtained during the tests can be suppressed.
Improper arrest: The police officer must have a valid reason to arrest you for DUI. If the officer did not have a valid reason to arrest you, any evidence obtained during the arrest can be suppressed.
Rising blood alcohol: After you consume alcohol, your BAC will continue to rise for a period of time. If your BAC was below the legal limit at the time of the arrest, but above the legal limit at the time of the chemical test, you may be able to use the rising blood alcohol defense.
Medical condition: Certain medical conditions can cause a breathalyzer machine to produce a false positive result. If you have a medical condition that could have caused a false positive result, you may be able to use the medical condition defense.

Will You Lose Your License After a DUI Arrest?

A DUI arrest in Tennessee can lead to the suspension of your driver's license, but the outcome depends on several factors, including whether this is your first offense. Under Tennessee's implied consent law, refusing a breathalyzer or blood test at the time of arrest can automatically result in a license suspension, regardless of whether you are ultimately convicted of DUI. For a first refusal, the suspension could last for one year, while subsequent refusals or aggravating circumstances may lead to longer suspensions.

If convicted of a DUI, you may face additional penalties, including a longer license suspension. First-time offenders typically face a suspension of up to one year, while repeat offenders may have their licenses suspended for longer periods. In cases involving serious aggravating factors, such as having a child in the car or causing an accident, the penalties can be more severe.

It is important to understand that losing your license after a DUI arrest is not always inevitable. In some cases, a restricted driver’s license may be available, which could allow limited driving privileges, such as commuting to work or school. An experienced DUI attorney can help explore the possibility of applying for this restricted license and may also be able to challenge the circumstances of your arrest or test results to prevent a suspension altogether. Each case is unique, and having knowledgeable legal representation can make a significant difference in protecting your driving privileges.

A knowledgeable DUI defense lawyer in Murfreesboro can review the facts of your case and determine if any of these defenses can be used to fight the charges. Call us at (615) 392-3012 or fill out our online contact form today to begin.

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