Areas of Practice - The Bell Law Firm

DUI Defense
Criminal Defense
Personal Injury
Expungements
Construction Law

Driving under the influence (DUI):

One of the biggest misconceptions is that it is illegal to drink & drive. IT IS NOT ILLEGAL TO DRINK & DRIVE!! It is illegal to drink over the limit and drive.

An arrest for Driving Under the Influence (DUI) can greatly impact your life and your future. A conviction is not eligible for judicial diversion and can be used to enhance the punishment for any subsequent DUI offenses. An interesting point is that some controlled substances have actually been demonstrated to enhance one’s ability to operate a vehicle. You should never plead to a charge when you do not fully understand your rights or even what effect a particular substance might have on your ability to operate a vehicle. If you have been charged with DUI in Tennessee, contact The Bell Law Firm immediately so we can protect your rights and begin defending your case. When it’s your life on the line, you need someone who understands what it’s like to be taken advantage of and who will stop at nothing to fight for you.

In Tennessee, it is unlawful to “drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, apartment house complex, or any other premises that is generally frequented by the public at large, while:
Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess; OR
The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; OR
With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined by statute.

Note: The language of the statute allows for a person to be charged with DUI if they are found asleep in a parked car even though they are not actually driving the vehicle. Also, prescription drugs may affect one’s ability to operate a vehicle and provide a basis to be charged with DUI.

Alcohol
An important aspect in many DUI cases is whether an individual’s body was in the “absorption phase” or “elimination phase” as pertaining to the blood alcohol content level at the time the vehicle was operated or the time any chemical test was administered. Contact The Bell Law firm to determine how these factors may impact the defense of your case.
Drugs
Certain controlled substances have actually been scientifically shown to enhance one’s ability to operate a vehicle when administered in therapeutic doses. If you’ve been charged or suspected to have operated a motor vehicle under the influence of a controlled substance, contact The Bell Law Firm to discuss your case.
Implied Consent
Chemical Tests
Blood
Breath
Urine
If the operator of a vehicle consents to a blood draw, there are certain requirements mandated by statute that must be completed. If these requirements are not completed, then the evidence may be inadmissible. Contact The Bell Law Firm to discuss your DUI case and begin defending your rights.

Punishments:
DUI (1^st Offense) –
The sentence is 11 months and 29 days (Probationary Period)
Punishable by up to 11 months and 29 days in custody with a mandatory minimum of 48 hours in jail.
If your blood alcohol content (BAC) is above .20%, punishment may be enhanced to a mandatory minimum of 7 days in jail.
If convicted, your driver’s license will be revoked for a period of one year; however, in certain circumstances, it may be possible to obtain a restricted license.
There is a mandatory minimum fine of $350 up to $1,500.
In addition, a mandatory alcohol and drug addiction fee of $100.
Mandatory DUI School or Victim Impact Panel
Highway litter pickup may be ordered by the Court
Ignition Interlock Device (IID) is mandatory unless the Court finds that an IID is not required. An IID is required for 365 consecutive days OR for the entire period of license revocation¾whichever is longer.

DUI (2^nd Offense)
Probationary Period is 11 months and 29 days including the time spent in jail
Mandatory minimum jail sentence is 45 days up to 11 months and 29 days
Minimum fine of $600 up to $3,500
Mandatory $100 alcohol and drug addiction fee
License revoked for 2 years
May be eligible for restricted license with Ignition Interlock Device (IID)
DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program
May be subject to vehicle forfeiture

DUI (3^rd Offense)
Probationary Period is 11 months and 29 days including the time spent in jail
Mandatory minimum jail sentence is 120 days up to 11 months and 29 days
Minimum fine of $1,100 up to $10,000
Mandatory $100 alcohol and drug addiction fee
License revoked for 6 years
May be eligible for restricted license with Ignition Interlock Device (IID)
DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program
If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
May be subject to vehicle forfeiture

DUI (4^th or 5^th Offense)
Conviction of a 4^th or 5^th DUI offense is a Class-E Felony
Probationary Period is 1-6 years including the time spent in jail
Mandatory minimum jail sentence is 120 days up to 6 years
Minimum fine of $3,000 up to $15,000
Mandatory $100 alcohol and drug addiction fee
License revoked for 8 years
May be eligible for restricted license with Ignition Interlock Device (IID)
DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program
If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
May be subject to vehicle forfeiture

DUI (6^th or greater Offense)
Conviction of a 6^th or greater DUI offense is a Class-C Felony
Probationary Period is 3-15 years
Mandatory minimum jail sentence is 150 days (served at 100%) up to 15 years in prison
Minimum fine of $3,000 up to $15,000
Mandatory $100 alcohol and drug addiction fee
License revoked for 8 years
May be eligible for restricted license with Ignition Interlock Device (IID)
DUI school required to regain license and mandatory requirement to attend alcohol rehabilitation program
If you have a prior DUI conviction within the past 5 years, an Ignition Interlock Device is required with license reinstatement
May be subject to vehicle forfeiture

Field Sobriety Tests
Standardized Field Sobriety Tests (SFSTs)
Horizontal Gaze Nystagmus (Vertical Nystagmus)
Walk and Turn Test
One Leg Stand Test

For these SFSTs to be validated, the Tests should be administered in the prescribed standardized manner, the standardized clues are used to assess the driver’s performance, and the standardized criteria are used to interpret the driver’s performance.

If any one of the standardized field sobriety test elements is changed, the validity of the test is compromised.

Non-standardized Tests

Lack of Convergence
Modified Romberg Balance Test
Finger-to-Nose Test
Finger Count Test
Alphabet Test
Reverse Counting Test (among others)

Circumstances or physical impairments that deem individuals not to be good candidates for these tests

Back Injuries
Leg Injuries
Inner Ear Issues
Overweight
Individuals over age 65

Note: Certain medical conditions may mimic drug impairment

DUI by Consent
Underage DUI

2. Criminal Defense:

Being charged with a criminal offense can be very scary and intimidating. Not knowing your rights may leave you wondering whether to accept the charges and plea to an offense in order to minimize your potential punishment. When charged with a crime, it is vitally important to contact an experienced criminal defense attorney so he can analyze the circumstances surrounding your case and determine whether your Constitutional rights were respected by the arresting officer(s) or whether your rights were violated. Often times, during the course of an arrest, officers make costly mistakes that may lead to suppression of evidence and strengthen your defense for the charge(s) against you. Negotiation is a critical component of resolving a case. Understanding the strengths of your defense strategy is what allows your attorney to aggressively secure a resolution that is in YOUR best interest. If you are charged with a criminal offense in Tennessee, contact the Bell Law Firm for a free consultation regarding your case.

Felony Charges
Possession of Controlled Substances with intent to manufacture, sell, or deliver
If you have been found in possession of a controlled substance and have been charged with intent to sell or deliver, you need to invoke your right to remain silent and contact The Bell Law Firm immediately. An arresting officer may ask questions designed to infer your intent to sell the controlled substance. Also, the State will certainly argue the amount of the particular drug suggests the intent to sell or that such may be inferred even though there is no evidence to support any actual sale or delivery. It is imperative that you contact an experienced attorney who understands how to appropriately defend against such inferences.
Gun charges
Drug-Free / School Zone Offenses
Gang related offenses and enhancements
Counterfeit Controlled Substances
If you have been arrested and charged with counterfeit controlled substances, it is vitally important that you call The Bell Law Firm immediately. This particular statute is substantially different than the statutes that pertain to possession of actual controlled substances. DO NOT agree to any plea offer concerning a counterfeit controlled substance charge without first discussing your case with The Bell Law Firm.
Aggravated Assault
A simple assault charge can quickly escalate into a serious felony simply by choking another person or displaying a deadly weapon during the commission of a simple assault. If an assault involves choking, which means impeding normal breathing or circulation of blood by applying pressure to the throat or neck OR by blocking the nose or mouth of another person¾no injury is required¾then you will likely be charged with Aggravated Assault, which is a Class-C felony in Tennessee and is punishable by up to 15 years in prison.
Robbery
Burglary
Kidnapping / Aggravated Kidnapping
Kidnapping can sometimes be misleading to individuals who are charged with this crime. If a person knowingly removes or confines another, unlawfully, so as to substantially interfere with another person’s liberty or freedom of movement while in possession of a deadly weapon or threatens to use a deadly weapon, then you can be charged with aggravated kidnapping, which is a Class-B felony in Tennessee and is punishable by up to 30 years in prison.
Conspiracy
Carjacking
Arson
Murder/Homicide
White Collar Crimes

Misdemeanor Charges
Simple possession or casual exchange of a controlled substance
Possession of drug paraphernalia
Domestic Assault / Simple Assault
Theft of property / Theft of merchandise
Vandalism
Driving related charges:
Driving on revoked or suspended license
Financial Responsibility
Reckless Driving
Speeding
Failure to maintain a lane
Alcohol related charges:
Underage Consumption
Public Intoxication
Disorderly Conduct

3. Personal Injury:

If you have been injured in an accident, the other party will certainly seek to minimize their amount of liability by either denying accountability or attempt to settle the case at an amount less than you deserve. If you are unfortunate enough to be involved in an accident where you are injured, you need to contact an experienced personal injury attorney to protect your rights and fight for the compensation you deserve. Contact the Bell Law Firm for a free consultation regarding your case.

Expungements:
Past legal issues can create obstacles to gaining employment or other circumstances in your life. Expungement is a process of removing from your record a charge that has been either dismissed or placed under judicial diversion. Also, certain convictions may be eligible for expungement as well. Once eligible charges are expunged, they are no longer listed on your record and will not show up if a background check is performed. Contact the Bell Law Firm to review your history and discuss what opportunities may be available to you.

Construction Law:
Mr. Bell is also a licensed General Contractor, who has owned and operated a construction company in Knoxville, TN since 2008. With experience in residential new construction, remodel, and commercial construction, Mr. Bell has first-hand experience with the challenges many contractors and homeowners face while entering into agreements for improving real property. Tennessee Lien statutes are extremely technical and often simple oversights may lead to mistakes that cost individuals their right to protect their interests. If you feel you have been taken advantage of while either performing construction improvements to a property, delivering materials without being compensated, or having an arbitrary lien filed on your own property, contact The Bell Law Firm immediately to discuss your rights and the best options to proceed. Often time is often of the essence when trying to secure your interest by perfecting a mechanic’s lien because if you miss the window of opportunity allowed by statute, then your rights may be waived or ultimately lost.

If your company provides construction services to clients and you do not have a written agreement or contract in place to detail the terms of each project your company engages in, then you should contact us in order to discuss drafting an agreement that will protect your company and detail the terms of each agreement between you and your clients.