Knoxville DUI Attorney

What To Do If You Are Pulled Over For A DUI in Tennessee

If you get pulled over for a DUI in Tennessee, it's essential to stay calm, cooperate with the police, and follow specific actions to safeguard your rights and legal position. Here's what you should do if you find yourself in this situation:

• Remain Calm and Cooperative: Pull over safely to the side of the road as soon as it is safe to do so. Stay calm, be polite, and cooperate with the officer's instructions.
• Provide Identification and Documentation: Present your driver's license, vehicle registration, and proof of insurance when asked by the officer.
• Limit Self-Incrimination: You have the right to remain silent and avoid self-incrimination. Be cautious about what you say and do not admit to drinking or using drugs.
• Field Sobriety Tests and Chemical Tests: You can decline field sobriety tests, but refusing a chemical test (breath, blood, or urine) may lead to immediate penalties, such as license suspension.
• It is generally advisable to comply with the chemical test unless you have a specific reason not to.
• Contact an Attorney: Contact our Knoxville DUI attorney as soon as possible to guide you through the legal process and protect your rights.
• Know Your Rights: Understand your rights during a DUI stop and arrest, including the right to legal representation and the consequences of refusing chemical tests.
• Avoid Resisting Arrest: Resisting arrest or becoming confrontational with the officer can lead to additional charges and penalties.

If you are pulled over for a DUI in Tennessee, it is essential to remain calm, cooperate with law enforcement, and seek legal advice from an experienced Knoxville DUI attorney to navigate the legal process and protect your rights.

Understanding the DUI Process in Tennessee

Navigating the legal landscape after a DUI charge can be overwhelming. At the Law Office of Joseph A. Fanduzz, we believe that knowledge is power. Understanding the DUI process in Tennessee can help you make informed decisions about your case.

Here’s a brief overview of what to expect:

• Arrest and Booking: After a DUI arrest, you will be taken to a police station for booking. This includes fingerprinting and taking your personal information.
• Initial Court Appearance: You will have a court date where you will be formally charged. This is your opportunity to enter a plea.
• Pre-Trial Motions: Your attorney can file motions to challenge evidence, such as the legality of the traffic stop or the accuracy of the breathalyzer results.
• Plea Bargaining: In many cases, negotiating a plea deal can lead to reduced charges or penalties. Our experienced attorneys will help you evaluate your options.
• Trial: If a plea deal isn’t reached, your case may go to trial. We will provide you with skilled representation to defend your rights.

Each step of the process can significantly impact the outcome of your case. Our dedicated team is here to guide you through every phase, ensuring you understand your rights and options. Don't face this challenge alone; let our Knoxville DUI lawyers help you secure the best possible outcome.

What Is the Penalty for First Time DUI in Tennessee?

For a first time DUI in Tennessee, you can face a fine of $350 to $1,500 as well as 48 hours to 11 months and 29 days in jail. You may also have a minimum sentence of 7 days in jail if your blood alcohol content (BAC) was .20% or more.

Can You Avoid Jail Time for First DUI in Tennessee?

If you've been arrested for a first DUI offense in Tennessee, it's natural to worry about the possibility of spending time behind bars. However, depending on the circumstances of your case, there are many alternatives to jail time that could be available to you.

In some cases, a first-time DUI offender may be able to avoid jail by accepting probation, which allows individuals convicted of an offense to remain free in their community under the supervision of a probation officer who will monitor compliance with court-ordered terms such as alcohol counseling or drug testing. If all requirements are met within the allotted period of time, the probationary period will end and the charge may be dismissed.

In other cases, a judge might grant community service as an alternative to jail time. This involves performing unpaid labor for a non-profit or public agency in lieu of incarceration.

Lastly, a lawyer can help you negotiate a plea agreement, which is an arrangement between you and the prosecutor that involves admitting guilt or entering a “no contest” plea in exchange for lighter penalties than what could result from a conviction. Therefore, a plea deal could potentially result in lesser penalties, which includes avoiding serving any jail time, or even dropped charges.

Effective Litigation for Tennessee DUI Charges

Over the years, our Knoxville DUI Lawyers have become known for our ability to effectively negotiate and litigate on behalf of our clients, regardless of how complicated the situation may be. We understand that a client may find themselves in a sticky situation at any given moment, which is why we make sure our services are available 24 hours a day, seven days a week.

Understanding the Consequences of a DUI Conviction

Being convicted of a DUI in Tennessee can have serious consequences that can impact various aspects of your life. It is important to understand these consequences to make informed decisions and take the necessary steps to protect your rights and future.

Some of the potential consequences of a DUI conviction in Tennessee include:

• Driver's License Suspension: A DUI conviction can result in the suspension of your driver's license, making it difficult to commute to work, run errands, or take care of daily responsibilities.
• Financial Penalties: DUI convictions often come with hefty fines, court costs, and legal fees. These financial burdens can add up quickly and put a strain on your finances.
• Increased Insurance Rates: A DUI conviction can lead to a significant increase in your auto insurance rates. This can make it more difficult to afford coverage and may even result in your policy being canceled.
• Ignition Interlock Device: In some cases, a DUI conviction may require the installation of an ignition interlock device in your vehicle. This device measures your blood alcohol concentration before allowing the vehicle to start.
• Probation: Depending on the circumstances of your case, you may be placed on probation following a DUI conviction. This can involve regular check-ins with a probation officer and compliance with certain conditions.
• Criminal Record: A DUI conviction will go on your criminal record, which can have long-term implications for employment opportunities, housing applications, and other aspects of your life.

At the Law Office of Joseph A. Fanduzz, our experienced Knoxville DUI lawyers understand the gravity of these consequences and are dedicated to providing skillful legal guidance every step of the way. If you are facing DUI charges in Knoxville, Tennessee, don't hesitate to begin your defense. Call us today at (865) 896-9971 or submit the form on this page to schedule a consultation.

A DUI conviction has the potential to result in a variety of penalties. The severity of penalties will depend on the specific situation, such as if this was the defendant's first offense DUI, if they were underage, or if there were enhancing factors that made it a felony.

No license, no job. Do not gamble your financial stability following a DUI charge. Instead, contact our experienced Knoxville DUI lawyers at (865) 896-9971 as soon as you’ve been accused.

You May Lose Other Licenses

It is a commonly held belief that DUI convicts only get their driver’s license revoked. While this is partially true, those guilty of a DUI could also lose professional licenses needed to sustain a career. Without both a driver’s license and professional license, your life could be impacted dramatically.

Numerous professions may revoke your license following a DUI conviction, including but not limited to:

• Doctors
• Nurses
• Insurance agents
• Real estate agents
• Driving services
• At-will employees

Misdemeanor vs. Felony DUI in TN

It is illegal to drive with a blood alcohol content (BAC) of .08% or .04% if you are a commercial driver. If you are pulled over on suspicion of DUI, you will be told to take a breathalyzer test and/or field sobriety test. If you fail any of these tests, you may be charged with a misdemeanor or felony, even if you only had one drink before driving.

Tennessee penalizes DUI offenders based on the frequency and level of the alleged offense:

1^st time DUI offender

• Misdemeanor
• 48 hours to 11 months and 29 days in jail, and at least 7 days in jail for a .20 BAC
• License revocation for 1 year
• $350 to $1,500 fine
• Restitution to any person suffering physical injury or personal loss
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense

2^nd time DUI offender

• Misdemeanor
• 45 days to 11 months and 29 days in jail
• License revocation for 2 years
• $600 to $3,500 fine
• Restitution to any person suffering physical injury or personal loss
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

3^rd time DUI offender

• Misdemeanor
• 120 days to 11 months and 29 days in jail
• License revocation for 6 years
• $1,100 to $10,000 in fines
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

4^th and subsequent DUI offender

• Class E felony
• 150 days to 1 year in jail
• License revocation for 8 years
• $3,000 to $15,000 in fines
• Participation in a drug and alcohol treatment program
• Ignition Interlock Device installed at your expense
  • If you commit two DUIs in 5 years, an Ignition Interlock Device is required for 6 months after reinstatement, at your expense
• Subject to vehicle seizure/forfeiture

Child endangerment: DUI with passenger under 18 years old

• Class D felony if a child suffers serious injury
  • 2 to 12 years in jail
  • License revocation
• Class B felony if child death is involved
  • 8 to 30 years in jail
  • License revocation

Why You Need Our Knoxville DUI Lawyers on Your Side:

• We are available 24/7
• Our firm offers free consultations
• We are skilled in negotiation and litigation
• We have an elite trial lawyer on our side

No license, no job. Do not gamble your financial stability following a DUI charge. Instead, contact our experienced Knoxville DUI lawyers at (865) 896-9971 as soon as you’ve been accused.