DUI Attorney in Knoxville
No one should ever drink and drive, but it happens, and when it does it is critical that you contact an experienced DUI attorney following your arrest.
The penalties for a DUI conviction can be devastating. So, protect yourself with the help of the Collver Law. Jason Collber, an experienced DUI attorney, will work to have your charges reduced or even dismissed altogether. Call today to schedule a free consultation.
Tennessee Driving Laws
If you’re facing DUI Charges in Tennessee, it is essential that you understand the allegations filed against you to build a robust criminal defense efficiently. Two of the most common DUI laws are the BAC limit and the Implied Consent principle.
The Legal Limit
For starters, the first law you allegedly violated is the legal Blood Alcohol Concentration (BAC) limit. In Tennessee, drivers 21 and over are limited to a BAC level of 0.08%. Meanwhile, minors under the age of 21 are subject to a stricter policy, which drops the BAC limit to 0.02%.
The BAC limit for minors is so low that chewing a piece of gum or eating before being tested can result in an inaccurate reading. Unfortunately, this means that a minor can technically be convicted of an underage DUI or DWI even if they were entirely sober.
Tennessee also follows the Implied Consent law, which gives law enforcement the legal authority to conduct chemical testing (blood, breath, and urine testing) if they suspect drivers to be driving while intoxicated. Since the law states that drivers inherently agree to chemical testing from the moment they get behind the wheel, refusal to comply automatically results in a revoked license.
DUI Penalties in Knoxville, Tennessee
Now the penalties associated with your case depend on the circumstances of your DUI. Depending on the severity of your DUI, you could be facing hefty criminal fines, restitution requirements, and even jail time.
1st Offense: First-time DUI offenders risk a jail sentence from 48 hours to 11 months and 29 days. Additional penalties include a criminal fine of $350-$1,500 and other court fees. A judge will also order a one-year license revocation and DUI school.
2nd Offense: Second-time DUI offenses are subject to a minimum jail sentence of 45 days and maximum incarceration of 11 months and 29 days. Offenders also risk a criminal fine of $600-$3,500, two-year license revocation, vehicle confiscation, and installation of an Ignition Interlock Device (IID).
3rd Offense: Third-time DUI offenders face a minimum jail sentence of 120 days, a fine of $1,100-$10,000, six-year license revocation, and vehicle seizure. Penalties might also include completion of an alcohol & drug treatment program and IID installation.
4th & Subsequent Offenses: Fourth offenses and higher face conviction of a Class E felony and a minimum jail sentence of one year. Convicted drivers are also subject to a criminal fine of $3,000-$15,000 and license revocation of eight years. Additional penalties include vehicle seizure, alcohol and drug treatment program and IID installment.
Worst Case Scenario: Vehicular assault and child endangerment charges may result in enhanced DUI penalties.
A vehicular assault is when a person drives recklessly and causes significant injury to another person. A DUI vehicular assault charges is a Class D felony punishable by 2 to 12 years in jail, up to a $5,000 criminal fine, and a five-year license revocation. If someone dies as a result of your DUI, the assault charge is a Class B felony with penalties up to 30 years in jail, a $25,000 fine, and a 10-year license revocation.
Meanwhile, child endangerment charges apply when a person is driving while intoxicated with a minor in the car. First-time offenders face a minimum jail sentence of 30 days and $1,000 fine. If the child was injured, the driver risks a Class D felony charge punishable by up to 12 years in jail. If a child died as a result of your DUI, the charge is a Class B felony with the possible sentencing of 30 years of jail time.
DUI Criminal Defense
It is clear the consequences of a DUI conviction in Tennessee can be devastating, but there is still hope. With the help of the Collver Law, you might be able to keep your charge from turning into a conviction.
Mr. Collver has used many successful defenses to reduce DUI charges or have them dismissed entirely. For instance, one of the many common DUI defenses is an absence of probable cause. If a police officer pulled you over for no reason, they violated your constitutional rights, and any evidence they collected is not admissible in court.
Another criminal defense could challenge the validity of a breathalyzer or field sobriety test. For starters, breathalyzers are notorious for inaccurate readings. Factors like eating, burping, or chewing gum before the test can result in higher BAC readings than what is right. Proving a breathalyzer gives an inaccurate reading can have your charges reduced or dropped altogether.
These are just two of the criminal defenses a competent attorney could use. An experienced DUI lawyer will handle the evidence of your case to build a robust argument that is right for your situation.
The Collver Law Takes on DUI Cases in Knoxville, Tennessee
A DUI charge is not a conviction. You are still innocent until proven guilty. So, use your right to an attorney and choose legal representation that cares.
At the Collver Law, we don’t take shortcuts with your life. We understand that the stakes are high and we want to help. Our dedicated DUI team will listen to your concerns and work towards having your charges reduced or dismissed. Don’t let this mistake ruin your life for years to come. Contact our law office in Knoxville, Tennessee today to schedule a free consultation and get started on your case.
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