Nashville DUI Defense Attorney
Experienced DUI Defense Lawyer Serving Clients in Nashville, TN
Driving under the influence (DUI) is a misdemeanor charge in most cases, but it can interfere with your life in ways that most other misdemeanors cannot. Being convicted of DUI usually means that your license will be automatically suspended. Not being able to drive is a big problem for a lot of people. Getting to school, work, or even the grocery store might be a huge challenge if you are not able to drive yourself. Other penalties may include substance abuse treatment and DUI school, both of which can take up a lot of time or cause you to miss out on other obligations.
Our team is dedicated to fighting for people who have been accused of DUI, BUI, DWI, and related offenses. Attorney Baker has been recognized by prestigious organizations like Super Lawyers and The National Trial Lawyers for his work in DUI defense.
Two Common DUI Defenses
While there are numerous ways to fight back against a DUI charge, two of the most common defense strategies include challenging the results of blood or breath tests and pointing out the unfairness of field sobriety tests. Chemical tests are not as reliable as they may seem. Any deviation from the proper procedures for administering the tests or any maintenance issues with the devices used can render test results invalid. Field sobriety tests are even more problematic, as they are often influenced by factors that have nothing to do with sobriety, such as what kind of shoes you were wearing, what kind of surface you pulled over next to, and the weather.
What if I Refused DUI Testing?
Unless the police can get a warrant very quickly or there are exigent circumstances, you cannot be compelled to submit to blood, breath, or urine tests. While refusing these tests can deprive the prosecution of an important piece of evidence against you, the state can use your refusal to take a BAC test against you by arguing that you refused because you knew you would fail. Your driver's license will also automatically be suspended for one year or more depending on whether you have refused tests in the past.
DUI With Injury
A DUI charge may be elevated to a felony if you are accused of causing injury to another person. If the person injured was a child in your car, your case will be even more serious. A conviction for DUI with injury can lead to more than a year of time in prison. If this is the charge you are facing, it is especially important to have strong legal representation.
What if I Get More Than One DUI?
In Tennessee, your first three DUIs are still misdemeanors as long as there were no aggravating factors that would elevate the charge to a felony level. However, the penalties become increasingly serious with each successive DUI. For a first-offense DUI, the mandatory minimum jail sentence is only 48 hours. A second DUI carries a mandatory minimum of 45 days, while a third DUI carries at least 120 days. These sentences can disrupt your life in a major way.
If you get convicted of a fourth DUI, you will have to serve at least 150 consecutive days. You could face a much longer prison sentence depending on the circumstances of your case. Courts take repeat DUIs very seriously, as habitual drunk drivers are seen as a danger to the public.
Contact a Nashville, TN DUI Lawyer
The Baker Law Firm will fight to uphold your rights and maintain your freedom after you have been charged with DUI. For legal help in these cases, contact us at 865-200-4117 and set up a complimentary consultation.