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, you can be arrested for a DUI if your blood alcohol concentration (BAC) is 0.08% or more (for commercial drivers, 0.04% or more). You can also be charged with a DUI if you are under the influence of marijuana, a controlled substance, or a drug that has cognitively impaired you to the point where your ability to operate a motor vehicle is affected.
The consequences of a DUI can vary and be severe and life-altering. With potentially years in prison and expensive fines, having a DUI on your record can also increase your insurance premiums, lose your driving privileges, and restrict some employment opportunities – even for a first-time offense. Having an experienced DUI attorney familiar with state and local laws, as well as Nashville’s judicial system, can mean the difference between jail time with heavy fines and dismissed charges. That’s where PNC Law can help.
The outcome of a DUI can change depending on a number of factors – from prior convictions to just how high your BAC was.
First DUI Offense
A first DUI charge can carry up to 11 months and 29 days in prison with a 48-hour minimum if the driver’s BAC was between 0.08% and 0.19% and a 7-day minimum for a BAC of 0.20% or greater. A first-time offense can also mean a fine of $250 to $1,500 in fines and a 1-year license suspension.
A judge may offer a first-time offender a restricted license – likely with an ignition interlock device (IID) installed – to allow the offender to drive to essential places such as work and school during his license suspension period.
Second DUI Offense
A second DUI charge can carry up to 11 months and 29 days in prison, with a 45-day minimum jail sentence and from $600 to $3,500 in fines. With a second-time charge, the license suspension increases to 2 years, but there is still an opportunity for a restricted license.
Third DUI Offense
For a third DUI charge, you could be jailed for up to 11 months and 29 days. The minimum jail sentence is 120 days. Fines range from $1,100 to $10,000. A third offense could also include a 6-year license suspension.
When a DUI Becomes a Felony
A DUI is not automatically a felony, but it can quickly escalate due to past convictions and other aggravating factors. These escalations could mean higher fines, longer jail time with higher mandatory minimum jail sentences, and even more severe, long-term consequences. Under Tennessee law, from the fourth DUI offense on, you are automatically charged with a felony DUI, regardless of aggravating factors.
Some of the factors that could turn a misdemeanor DUI into a felony include:
- Prior convictions
- How high the driver’s BAC was
- If anyone was injured or killed
It’s important to note that the presence of any one of these factors could be enough to elevate a DUI from a misdemeanor to a felony. Any combination of aggravating factors could not only up the charge but also raise the penalties even further. That’s why having an experienced attorney who specializes in DUI law can be vital.
What an Experienced DUI Attorney in Nashville Can Do For You
So much of defending against a DUI charge comes down to one phrase – challenging the evidence. Since even the smallest error or detail can mean the difference between jail time and a case dismissal, the attorneys at PNC Law will dissect the circumstances of your arrest to the minutia in order to find the best argument for your case. That attention to detail could lead to a reduction in charges, like from a DUI to reckless driving, or even a full dismissal of the case.
Here some of the most common strategies criminal defense attorneys use to poke holes in the state’s case, which show how working with the prosecution can be the best way forward.
Challenging the Stop Itself
A careful review of the circumstances of the stop and the officer’s rationale in pulling you over in the first place is one key strategy a DUI defense attorney could employ to best defend your rights. In order to stop you, the officer needs probable cause that you have committed some offense. Without that, the stop itself is invalid, and any resulting evidence the police discover is considered inadmissible. This doctrine, often referred to as the fruit of the poisonous tree, could block all possible incriminating evidence and lead to the dismissal of charges due to lack of evidence.
Challenging the Evidence of Impairment
Even if the stop itself is valid, the evidence gathered during the stop could still be used to poke holes in the case against you. While you cannot refuse a breathalyzer test under Tennessee’s Implied Consent Law, breathalyzers must be calibrated regularly to provide accurate results. Additionally, any other sobriety tests done by police should be meticulously reviewed to ensure they were done properly. Our Nashville DUI attorneys specialize in field sobriety training, which makes them uniquely prepared to spot any inconsistencies or issues in the record that could help your case.
Working with the State
What many clients don’t realize can make the biggest difference in getting the best outcome for their case is the defense attorney’s relationship with the prosecution. Often, it is the defense attorney and the prosecutor communicating about the case outside of court that results in the most optimal resolution to your situation. Finding counsel who is able to advocate for you while also maintaining open dialogue on your behalf with the state can mean trading jail time and costly fines for mandatory alcohol awareness classes and simple court costs.
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 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
