Powell DUI Defense Lawyers

An arrest for driving under the influence (DUI) can happen to anyone. A person may have a couple of drinks at dinner, and while driving home, they may be pulled over for a minor traffic violation that could lead to a DUI investigation after the officer smells alcohol on their breath. Someone could be tired after a long day at work, and if they are pulled over, an officer may believe that they are intoxicated based on their behavior. Some DUI charges may be unrelated to alcohol, and people may be arrested based on suspicions about their use of drugs or prescription medications.

Regardless of the circumstances, charges of driving under the influence in Tennessee could lead to penalties that may affect your license, your freedom, and your future. Due to strict DUI laws, even first-time offenders may face serious consequences, and a DUI conviction can affect your employment, your insurance rates, and many other parts of your life. When you are facing DUI charges in Powell, Tennessee, you need a skilled lawyer who can help you protect your rights and resolve your case successfully.

At The Baker Law Firm, we know how to address DUI charges, and we will guide you through the process of defending against a conviction, helping you determine the best options for defense. We can review what happened during a traffic stop and arrest, and determine whether your rights were violated or whether procedural errors were made by police. We will provide the dedicated representation you need, focusing on achieving results that will minimize the impact that these charges may have on your life.

First-Time DUI Offenses and Penalties

Even if you have never been in trouble with the law before, a first DUI conviction will result in mandatory penalties. According to Tennessee Code Annotated § 55-10-402, a conviction for a first-time DUI offense will result in a minimum jail sentence of 48 hours, although time spent in jail after being arrested will be included in this sentence. Depending on the circumstances of a case, a sentence could last up to 11 months, 29 days.

Under Tennessee Code Annotated § 55-10-402, the fines for a first DUI conviction may range from $350 to $1,500. Court costs and other fees may also be required, and these costs can add hundreds or thousands of dollars to the total amount.

License suspension is another serious consequence of a first DUI conviction. Under Tennessee Code Annotated § 55-10-404, your driving privileges will be taken away for one year following a conviction for a first-time DUI offense. However, you may be eligible for a restricted license that may allow you to drive to work, school, court-ordered treatment programs, and for other essential purposes.

Enhanced Penalties for Repeat DUI Offenses

The penalties for DUI will be harsher if you have one or more prior DUI convictions. For a second DUI conviction, the mandatory minimum jail sentence increases to 45 days. Fines will be a minimum of $600 and a maximum of $3,500. You will lose your driving privileges for two years. A third DUI conviction will carry a mandatory minimum sentence of 120 days. Fines can range from $1,100 to $10,000. You will lose your driving privileges for six years.

A fourth DUI charge or any additional DUI offense will be considered a felony. A fourth DUI will require a minimum sentence of 150 days and a maximum sentence of two years. A fifth DUI is a Class D felony, with a minimum 150-day sentence and a maximum of four years. Any additional DUI charges will be classified as Class C felonies, with sentences ranging from 150 days to six years. Fines for a fourth or subsequent DUI will be at least $3,000, and they could be as high as $15,000.

How Accidents and Injuries Can Affect DUI Charges

If you have been accused of causing a traffic accident because you were intoxicated, the legal consequences you may face can become more serious, especially if the accident resulted in injuries or death. You could be charged with vehicular assault, a felony offense, if someone was seriously injured. If you are accused of causing someone's death by driving while intoxicated, you could be charged with vehicular homicide, which is an even more serious felony.

Even in accidents that involved minor injuries or property damage, the penalties you may face following a conviction for DUI could be severe. Prosecutors may be less willing to negotiate in situations where a person is seen as a potential threat to public safety. Our attorneys understand the complexity of these cases, and we will examine all evidence, including accident reports, medical records, and witness statements, to build the strongest possible defense for you.

Defending Out-of-State Drivers Charged With DUI in Tennessee

If you are from out of state and were arrested for intoxicated driving while traveling through Powell or visiting Tennessee, you may be unsure about how to proceed. A DUI conviction in Tennessee will usually be reported to your home state, and your license may be suspended based on an out-of-state DUI.

You may worry about the difficulties of defending against DUI charges in a state where you do not live. Coming back to Tennessee from another state for court appearances can be expensive and time-consuming. Our attorneys can provide representation remotely, and we will work to minimize the number of times you must appear in court. In many cases, we can appear on your behalf for routine hearings, allowing you to focus on your work and family obligations at home. We will maintain regular communication through phone calls or email, making sure you will always be informed about developments in your case.

Building Your DUI Defense

When defending against DUI charges, scientific evidence, police procedures, and other factors may need to be reviewed. Our lawyers will investigate your case, starting with the initial traffic stop. We can determine whether a law enforcement officer had reasonable suspicion to stop your vehicle and whether they had probable cause to arrest you for DUI. If the stop was unlawful, or your rights were violated during a DUI investigation, certain evidence may be suppressed.

We will look at any field sobriety tests that were performed, addressing issues such as medical conditions, footwear, uneven surfaces, and weather conditions that could have affected your performance on these tests. We can review breath or blood test results, looking at whether a breathalyzer machine was properly calibrated or whether the right protocols were followed when handling blood samples. Errors or irregularities in any of these areas may provide us with grounds to challenge the evidence against you.

DUI FAQs

Contact Our Powell, Tennessee DUI Defense Attorneys

After being arrested for DUI, you will need to act quickly. Time limits will apply during your case, and they may affect your ability to challenge a license suspension and defend against a DUI conviction. Contact the Powell DUI lawyers at The Baker Law Firm by calling 865-200-4117 as soon as possible after your arrest. We will provide you with a free consultation where we can review your case, explain your options, and begin developing an effective defense strategy.