Providing DUI Defense
PNC Law & Attorney Philip N. Clark
A DUI arrest can be overwhelming and life-changing. During this difficult time, you need a dedicated DUI lawyer who will fight for your rights and provide a strong, strategic defense.
Philip N. Clark understands how serious a DUI charge can be. From the moment of your arrest, your reputation, your driving privileges, and even your freedom may be on the line. With extensive experience in handling DUI cases across Nashville and Middle Tennessee, Mr. Clark is committed to helping you pursue the best possible result. Early action may help you avoid excessive fines or prevent your driver’s license from being automatically suspended.
If you’re facing a DUI charge, don’t wait. Contact DUI attorney Philip N. Clark today to schedule a confidential consultation.
Satisfied Client Stories
Understanding DUI Charges in Tennessee
In Tennessee, driving under the influence is classified as a DUI. While other states may refer to it as DWI (Driving While Intoxicated), Tennessee law imposes severe penalties for DUI convictions, including jail time, license suspension, and costly fines.
You can be charged with DUI in Tennessee under the following circumstances:
- Alcohol Impairment: Even if your BAC is below the legal limit, you can be arrested if alcohol has impaired your ability to operate a vehicle.
- Blood Alcohol Content (BAC) of 0.08% or Higher: A BAC at or above the legal limit, as measured by a breath or blood test, leads to a presumption of impairment.
- Drug Impairment: DUI charges can also result from driving under the influence of prescription drugs, over-the-counter medications, or illegal substances. While breath tests do not detect drugs, law enforcement may use blood tests to measure substances in your system.
- Combination of Drugs and Alcohol: Having both alcohol and drugs in your system that impair your ability to drive can also lead to a DUI charge.
Tennessee DUI law is strict, and the consequences can be long-lasting. Having an experienced DUI lawyer in your corner can make all the difference.
Frequently Asked DUI Questions
There are multiple reasons for why a DUI charge may be dismissed. If the accused was, in fact, not intoxicated, or if the arresting officers violated his or her rights regarding proper procedure and/or improper grounds for the initial stop, his or her attorney may encourage their client to plead not guilty, and to fight the charges at trial.
Learn more about dismissing a first offense DUI here.
Can a lawyer get you out of a DUI?
The facts of each DUI case vary from person to person. Regardless of the situation, everyone has the same rights. Depending on the facts of your case your lawyer may or may not be able to get you a complete dismissal of the charge.
If the arresting officer didn’t have the legal grounds to pull you over in the first place, if he or she didn’t follow standard procedure, or if your rights were violated in any way, a good lawyer will fight to ensure you are protected and your charges dismissed.
More information on if a lawyer can get you out of a DUI can be found here.
Can you expunge a DUI in Tennessee?
DUI will stay on your record for life. A DUI conviction cannot be expunged off your record. If you were charged with a DUI, but the charge was dismissed or otherwise did not result in a conviction, your record can be expunged.
Additionally, if you were initially charged with a DUI but convicted of a lesser offense, often reckless driving or reckless endangerment, your record may be expunged. A DUI on your record for life can be devastating to your future.
Learn more about DUI expungement here.
Can you get your license back after 3 DUIs?
In Tennessee one is considered a multiple offender if no more than ten years have elapsed between the date of the present violation and the date of any preceding convictions for driving under the influence. If you are a multiple offender, you are subject to harsher penalties under the statute.
For a first-time offender it is a one-year loss of license. For a second-time offender it is a two-year loss of license. However, a third driving under the influence conviction is a six-year loss of license.
Get more info about 3rd offense DUI here.
Can you refuse a breathalyzer test in Tennessee?
It is important to know that part of the Tennessee driver’s license application is an agreement to abide by Tennessee’s Implied Consent Law. Tennessee’s Implied Consent Law states that by receiving a Tennessee driver’s license, you have agreed to consent to breathalyzer and chemical testing. Therefore, refusal to comply with officer’s request for a breathalyzer or chemical test, subjects you to additional punishment. If you refuse to submit to a breathalyzer, you may have your license revoked for one year for the first offense, all the way up to five years, if the crash resulted in a death.
We’ve covered refusal of a breathalyzer here. If you are convicted of driving under the influence for the first time, your license will be revoked for one year. However, there is a possibility to receive a restricted license, if you meet certain criteria. A restricted license might be possible if there was no serious bodily harm or death involved in the DUI conviction. Granting a restricted license is up to the discretion of the court.
Learn more about driving after a DUI here.
Do you always lose your license after a DUI?
If convicted of a DUI, the state will revoke your license for a minimum of one year for a first offense, but you may be eligible for a restricted license. To obtain a restricted license, one must apply to the trial judge or a judge of any court in the person’s county of residence having jurisdiction to try charges for driving under the influence of a restricted driver license. If the judge approves the restricted license application, the judge may also order the person to install and keep an ignition interlock device as a condition of probation.
Find out more about losing your license after a DUI here.
Does a DUI count as a criminal conviction?
Yes, a charge of driving under the influence is a criminal conviction. A first-offense DUI conviction is a misdemeanor which requires a minimum of forty-eight hours in jail, hefty fines and a one-year license revocation.
A misdemeanor and a felony are distinguished by the amount of jail time the crime carries. A misdemeanor crime carries a jail sentence of less than a year, while a felony conviction carries a jail sentence of more than a year. While a first, second and third-offense DUI conviction are charged as misdemeanors, a fourth or subsequent driving under the influence conviction is a felony offense.
Learn more about how a DUI counts as a criminal conviction here. If you are charged with a DUI while you are currently employed, you may also face consequences in your own career. For some people, their employers are understanding, and a DUI charge or conviction has little to no affect on their employment. However, not all are so lucky. A DUI charge comes with jail time, court visits, lawyer visits, and this can lead to missed work. While some employers may be lenient and accommodating, some employers will not allow an employee to miss days of work, no matter the situation.
Get more information on how DUI affects employment here.
Does DUI affect employment?
If you are charged with a DUI while you are currently employed, you may also face consequences in your own career. For some people, their employers are understanding, and a DUI charge or conviction has little to no affect on their employment. However, not all are so lucky. A DUI charge comes with jail time, court visits, lawyer visits, and this can lead to missed work. While some employers may be lenient and accommodating, some employers will not allow an employee to miss days of work, no matter the situation.
Get more information on how DUI affects employment here.
How do I get my license back after a DUI?
A person convicted of a DUI which ended with a license revocation has the ability to request a restricted license. In order to do this one must apply to the trial judge or a judge of any court in the person’s county of residence having jurisdiction to try charges for driving under the influence for a restricted driver license. If the judge approves the restricted license application, the judge may also order the person to install and keep an ignition interlock device as a condition of probation depending on the individual factors of the particular case such as: blood alcohol concentration at time of arrest, presence of minors during time of arrest, if there was a traffic accident caused by the accused, violation of the implied consent law, etc.
Find out more about getting your license back after a DUI here.
How long do you have to sit in jail for a DUI?
Once arrested for driving under the influence, the time you will remain in jail initially will vary depending on many factors. Once you are booked you may have the option to post bail, or you may be released on your own recognizance. If you are released on your own recognizance this means the judge has waived your bail and you are free to leave without payment.
Get the full article on how long you stay in jail here.
How long do you have to sit in jail for a DUI?
Once arrested for driving under the influence, the time you will remain in jail initially will vary depending on many factors. Once you are booked you may have the option to post bail, or you may be released on your own recognizance. If you are released on your own recognizance this means the judge has waived your bail and you are free to leave without payment.
Get the full article on how long you stay in jail here.
How much is bail for a DUI in TN?
After being arrested for A DUI, the amount of time you remain in jail will vary on how you are to be released. In some instances, a person arrested could receive a pre-trial release, post no bond and be released in just a few hours. If your bond is set at an amount too high for you to post, you could sit in jail for days.
Bond will vary depending on the individual and the circumstances regarding your arrest. Often, there will be bond conditions placed on a person and strict compliance with these conditions is essential to ensure that your freedom is not compromised.
Find more details on how much bail is for a DUI in Tennessee here.
Is a DUI a felony or misdemeanor in TN?
The main difference between a felony and a misdemeanor is the amount of jail time that a specific charge carries. A misdemeanor carries a punishment of less than one year in jail; the offender will generally serve the required sentence in the county jail. A felony is characterized by incarceration of one year or more. Whether a person serves that time in a county jail or a state prison will depend on the length of the sentence.
A DUI is a misdemeanor in Tennessee, specifically a class A misdemeanor; however, the fourth DUI conviction, is a class E felony. The first three DUI convictions will have a maximum amount of jail time of eleven months and twenty-nine days in jail. The minimum amount in jail time will continue to increase for each conviction.
Learn more about the different types of DUI offenses here.
What happens after a 2nd DUI?
A DUI charge is very serious, and the severity of the punishment for a conviction of a driving under the influence conviction increases depending on how many DUIs a person has received in the past. A first-offense DUI is treated differently than a second or third-offense DUI.
In Tennessee one is considered a multiple offender if no more than ten years have elapsed between the date of the present violation and the date of any preceding convictions for driving under the influence. If you are a multiple offender, you are subject to harsher penalties under the statute.
Get more details on what happens after a 2nd DUI here.
What is considered a DUI in Tennessee?
In Tennessee, operating a motor vehicle or being in physical control of a motor vehicle with a blood alcohol content of .08% or higher is considered driving under the influence, commonly referred to as DUI. The language of the DUI Statute in Tennessee makes it so that a person only has to be in physical control of a vehicle and not necessarily driving a car. The language of the statute means that it is possible to receive a DUI even though you were not driving the car.
Find out more about what is considered a DUI in Tennessee here.
What is the penalty for a first time DUI?
A DUI is a class A misdemeanor. Misdemeanors are severe charges and can have a substantial impact on your life. A class A misdemeanor carries a maximum sentence of eleven months and twenty-nine days in jail.
Tennessee requires mandatory minimum jail time for all of those convicted of a DUI, including a first time DUI charge. The minimum sentence for a person convicted of a first time DUI is forty-eight hours in the county jail or workhouse. If the court determined that your blood-alcohol content was .20 or above, then there is a mandatory minimum of seven days in jail. However, after your first DUI charge, the minimum amount of jail time will continue to increase.
Get more details on the penalties for a first time DUI here
What should you do if you get pulled over for a DUI?
When you see the flashing lights of a police car behind you, you should immediately pull over. It is always a good idea to be polite and comply with the arresting officer, however, it is also important to understand your rights.
Hand over your license and registration when asked, and be polite to the officer to avoid any unnecessary escalation of the incident. If you are asked to get out of the car to perform a field sobriety test it is important to inform the arresting officer of any physical impairments that may prevent you from performing well on the tests. It is also a good idea to ask the officer if he is using a body cam or a dash cam and to know if your test will be recorded.
Get more information on what to do if you get pulled over for a DUI here.
Facing a DUI in Tennessee? Learn Your Defense Options and Legal Rights
Facing a DUI charge can be an intimidating and overwhelming experience. The consequences of a DUI conviction can range from license suspension to heavy fines. You could even be facing up to 11 months and 29 days of jail time under Tennessee DUI penalties.
You are not without options though.
Getting that charge reduced or even dismissed entirely is possible, depending on the circumstances of your case. PNC Law knows that a good team and the right DUI defense can make all the difference in outcome. In this article, we’ll walk you through what a DUI arrest in Tennessee can mean for you and what potential defenses you may have.
Get more information on Facing a DUI in Tennessee? Learn Your Defense Options and Legal Rights here.
Facing a DUI in Tennessee? Learn Your Defense Options and Legal Rights
Facing a DUI charge can be an intimidating and overwhelming experience. The consequences of a DUI conviction can range from license suspension to heavy fines. You could even be facing up to 11 months and 29 days of jail time under Tennessee DUI penalties.
You are not without options though.
Getting that charge reduced or even dismissed entirely is possible, depending on the circumstances of your case. PNC Law knows that a good team and the right DUI defense can make all the difference in outcome. In this article, we’ll walk you through what a DUI arrest in Tennessee can mean for you and what potential defenses you may have.
Get more information on Facing a DUI in Tennessee? Learn Your Defense Options and Legal Rights here.
Connect with Philip N. Clark right away!
(615) 785-2000
