DUI Defense

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:

  1. 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
  2. The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; OR
  3. 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 (1st 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 (2nd 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 (3rd 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 (4th or 5th Offense)
  • Conviction of a 4th or 5th 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 (6th or greater Offense)
  • Conviction of a 6th 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