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Maryville, Tennessee DUI Defense Lawyer

Case Spotlight

Driving Under the Influence

Client was stopped at a DUI checkpoint and arrested. Dismissed by the State after presenting the Defense Package to the District Attorney's Office.

The Baker Law Firm

Lance took my case on very short notice!! Immediately went to work and done exactly what we discussed!

Highly recommend Lance and his staff for all your legal needs!! Thanks Lance!!

Attorney Providing Legal Help to People Arrested for DUI in Maryville

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When drivers are stopped by police officers in Maryville, they may be suspected of driving under the influence (DUI). During a traffic stop, an officer may look for signs of intoxication, and if they gather enough information indicating that a person is impaired, they may perform an arrest. DUI charges may carry the possibility of jail time, fines, and other penalties. A driver's license revocation can cause difficulty for a person, and they may lose their driving privileges even if they are able to avoid a criminal conviction.

Many people who are facing DUI charges may have never been arrested before, and they may not know what steps will be followed during a criminal case, how the evidence gathered during a traffic stop may play a role in their charges, and what options for defense may be available. At The Baker Law Firm, our lawyer can help people who have been charged with DUI in Maryville understand what to do next. By reviewing police reports, dashcam and body camera footage, testing procedures, and other factors, he can identify weaknesses in the case against a person and make sure the right steps are taken to prevent a criminal conviction.

Our attorney has years of courtroom experience assisting with DUI charges and other criminal matters. With his knowledge of the law and his focus on providing clients with compassionate representation, he will fight to protect a person's rights during every stage of their case. He can provide the legal representation needed to resolve a DUI case successfully.

Tennessee's Legal Limit for Blood Alcohol Concentration

Drivers in Tennessee who are at least 21 years old are prohibited from operating motor vehicles when they have a blood alcohol concentration (BAC) of 0.08 percent or higher. When a person with a commercial driver's license (CDL) is operating a commercial motor vehicle, they are prohibited from driving with a BAC of 0.04 percent or more. Drivers younger than 21 years old may be charged with DUI if they have a BAC of 0.02 percent or higher.

When a person exceeds the applicable threshold for BAC, they may be charged with what is known as a per se DUI violation. A prosecutor will not need to show that a driver engaged in unsafe behavior behind the wheel or showed signs of impairment. A valid chemical test result showing that a person was above the legal limit will typically be enough evidence to support a DUI conviction.

Why Elevated Blood Alcohol Levels Create Safety Concerns

Alcohol affects people in ways that can make it difficult or impossible to drive safely. As a person's BAC increases, they may experience multiple types of impairments. Relatively low BAC levels may lead to reduced coordination and slower reaction times. At higher BAC levels, a person's ability to pay attention to multiple things at once, such as the speed of their vehicle, their distance from other vehicles, changing traffic signals, and other information, can decline further, making them more likely to become involved in a dangerous accident.

DUI Charges Involving Drugs and Other Substances

Alcohol is not the only substance that can lead to DUI charges in Tennessee. A person may also face criminal charges based on accusations of driving while under the influence of other intoxicants, including marijuana, controlled substances, or other substances that lead to impairments. DUI charges may be based on accusations that a person was intoxicated after using:

  • Prescription Medications: Drugs that have been prescribed by doctors, including certain pain medications, anti-anxiety medications, and sleep aids, can impair a person's driving ability even when they are used as directed.
  • Over-the-Counter Medications: Some allergy medications, cold and flu medicines, or sleep aids can lead to drowsiness and reduced alertness. The use of these medicines could lead to DUI charges if they cause a driver to be unable to operate a vehicle safely.
  • Illegal Drugs: Marijuana, methamphetamine, cocaine, and other controlled substances can lead to DUI charges. A police officer may observe signs of drug impairment, or they may use evaluations by drug recognition experts to determine whether a person is intoxicated.
  • Combinations of Substances: A driver who has taken more than one substance, such as a combination of alcohol and prescription medications, may experience a level of intoxication that goes beyond what any individual substance would cause. DUI charges may be based on the combined effects of multiple substances and evaluations of a person's ability to drive safely.
The Baker Law Firm

Attorney Spotlight Lance Baker

  • The National Trial Lawyers Top 40 Under 40
  • Elite Lawyer, 2024-present
  • Super Lawyers Mid-South Rising Stars, 2022-2024
  • Top Attorney in Criminal Defense DUI Defense, Constitutional Law/Civil Rights Cityview Magazine
  • Top Male Rising Star of Knoxville Cystic Fibrosis Foundation
  • Panelist on Fox 43's "Heavy Hitters" show

How Police Evaluate Intoxication During Traffic Stops

Before an officer can perform a DUI arrest, they must have a reasonable suspicion of DUI or another offense in order to stop a driver, and they must have probable cause to believe that the driver is impaired. Officers may build cases against drivers through a series of observations made during a stop.

An officer will often begin by noting details such as the smell of alcohol or drugs in a vehicle, a person's difficulty speaking, awkward or slow movements, bloodshot eyes, and any admissions a driver makes about drinking or drug use. An officer may also ask a driver to step out of their vehicle to perform field sobriety tests, such as balancing while standing on one foot or maintaining balance while walking along a straight line.

In some cases, an officer may also use a preliminary breath test at the roadside to get an early estimate of a person's BAC. Once an officer decides there is probable cause, the driver may be placed under arrest.

Chemical Testing After a DUI Arrest

Once a person is arrested for DUI, Tennessee's implied consent law requires them to submit to a breath, blood, or urine test to determine if they are over the legal BAC limit or if they have drugs or other intoxicating substances in their system. Refusing a chemical test will not prevent a DUI charge from moving forward, and doing so will result in a person's driver's license being automatically suspended.

The results of chemical tests can play a central role in a DUI case. A breath test may measure the alcohol concentration in a person's breath. A blood test may measure alcohol or drug concentration in a person's body. These tests will only be accurate if testing equipment is maintained and calibrated correctly, and officers or lab technicians will need to follow the correct procedures. Our attorney will closely review testing logs, machine maintenance records, and the training of the personnel who conducted tests, looking for errors or gaps that may allow test results to be challenged.

Legal Representation in Blount County Courts

For people in Maryville who are charged with crimes, cases will typically be handled at the Blount County Justice Center, located at: 930 E. Lamar Alexander Parkway Maryville, TN 37804

We can provide representation in Blount County criminal cases from our office in Knoxville, which is located at:First Horizon Plaza 800 S. Gay Street, #1950 Knoxville, TN 37929

Successful Results in Criminal Cases

We have helped clients resolve a wide variety of criminal charges successfully. In one DUI case, we were able to get a dismissal by agreement after a thorough investigation and the presentation of proof that potentially exculpatory evidence had been lost by the State.

Frequently Asked Questions About DUI Cases

Q

Can I Be Charged With DUI if My BAC Was Below 0.08 Percent?

Yes. DUI charges may be based on visible signs of impairment, and charges may apply even if a chemical test shows that your BAC was below the legal limit. A prosecutor may use statements by police officers and other evidence to try to show that you were unable to drive safely because of the use of alcohol or drugs.

Q

Do I Have to Take a Field Sobriety Test During a Traffic Stop?

You are not required to perform field sobriety tests. If an officer asks you to take a test, you can decline to do so. While this may prevent an officer from obtaining evidence that could be used against you, it may not stop the officer from arresting you for DUI.

Q

What Happens if I Refuse a Breath or Blood Test After a DUI Arrest?

If you refuse a chemical test after being arrested for DUI, you will face an automatic driver's license suspension. Police officers may take steps to obtain a warrant that will allow them to perform a chemical test regardless of your objections.

Q

Is a First DUI Offense a Felony in Tennessee?

Most of the time, a first DUI offense will be charged as a Class A misdemeanor rather than a felony. However, certain aggravating factors, such as an accident in which someone was seriously injured, could lead to felony DUI charges.

Contact Our Maryville, TN DUI Defense Attorney

When you are facing DUI charges, it is easy to feel overwhelmed. You need a legal advocate on your side to help you understand what steps you can take to avoid a criminal conviction. At The Baker Law Firm, our attorney can review the details of your arrest, look at the evidence in your case, and help you build an effective defense strategy. Contact our Maryville DUI lawyer at 865-200-4117 to set up your free consultation.

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