Tennessee DUI laws are similar to the DUI laws of most jurisdictions. However, a Tennessee DUI charge is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most Tennessee DUI offenses are classified as misdemeanors, a conviction for a fourth offense is a felony. Moreover, the penalties for Tennessee DUI convictions are typically more severe than in most jurisdictions. This is why it is imperative that if you are charged and arrested for a DUI in the Tri-City area of East Tennessee or throughout East Tennessee that you retain a skilled Tennessee criminal defense lawyer well versed in DUI defense.
Tennessee DUI law essentially requires the District Attorney General’s Office to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content, or BAC, of .08% or higher.
A criminal defense lawyer skilled in Tennessee DUI defense such as Jason Barnette typically attacks elements one, three and four. However, an officer must first have probable cause to make an arrest for DUI. Even if probable cause is found for the arrest, element four can often be difficult to prove.
A goo Tennessee DUI lawyer can punch holes in the way in which field sobriety tests were performed and how a BAC test was performed as well. At Barnette Law Offices, LLC we do this in Davidson, Rutherford, Wilson, and Williamson Counties and now, throughout East Tennessee.
The implications of failing to retain an aggressive Tennessee DUI lawyer can be catastrophic. Upon conviction for First Offence DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher. Tennessee DUI laws for merely first offense also require a minimum $350.00 fine and court costs, the loss of your drivers license for a period of one year and enrollment in a court approved victim impact panel as well as DUI classes. Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture. A fourth or subsequent conviction of DUI is classified as a Felony.
If you’ve been charged with a DUI in Tennessee, please contact the Tennessee criminal defense lawyers at Barnette Law Offices by visiting http://www.barnettelawoffices.com or calling 615-585-2245.
