Felony DUI Attorney in Franklin, TN
A felony DUI charge in Franklin, TN, demands an experienced attorney who can build a strong defense and protect your future. Ben Powers, founder of Legal Powers, PLLC, is a top-rated DUI defense attorney known for his strategic approach and his commitment to securing the best possible outcome for his clients.
Recognized by expertise.com as one of Franklin’s top DUI lawyers, his work and legal insights have been featured in People.com, Nashville news outlets, has garnered national attention, and analyzed in interviews with Nancy Grace on her show Crime Stories with Nancy Grace.
With a proven track record of successfully representing clients facing felony DUI charges, Ben Powers represents individuals arrested by the Franklin Police Department or the Williamson County Sheriff’s Office, providing aggressive defense representation to combat felony DUI allegations.
Understanding Felony DUI Charges in Tennessee
A felony DUI conviction in Tennessee carries severe penalties, including extended jail time with mandatory minimum jail sentences, high fines, loss of driver’s license, and long-term consequences that can impact employment, professional licensing, and personal freedoms. Unlike a misdemeanor DUI, a felony charge signifies a more serious offense, often involving repeat DUI convictions or cases where another person was injured or killed as a result of the DUI. Understanding what the circumstances a prosecutor must prove to elevate a DUI to a felony criminal charge is crucial for building an effective criminal defense.
When Does a DUI Become a Felony in Tennessee?
A DUI becomes a felony in Tennessee when specific aggravating factors are alleged to be present. The most common reason for a DUI to be charged as a felony classification is due to multiple prior DUI convictions—a fourth DUI offense is automatically charged as a Class E felony.
Other situations that elevate a DUI to a felony or that may cause felony charges in addition to a DUI charge to be filed against someone alleged to have committed a DUI include:
- DUI with serious bodily injury (Vehicular Assault – Class D felony)
- DUI resulting in death (Vehicular Homicide – Class B felony)
- Aggravated Vehicular Homicide, which applies when a death is alleged to have occurred as a result of DUI and the driver has multiple prior DUI convictions or a high BAC (Class A felony)
- DUI while designated as a Habitual Motor Vehicle Offender (HMVO)
Felony DUI charges carry significantly higher penalties than misdemeanors, including prison sentences, license revocation for multiple years, increased fines, and loss of certain individual freedoms and rights if convicted.
How a Felony DUI Differs from a Misdemeanor DUI
The key difference between a misdemeanor DUI conviction and a felony DUI conviction in Tennessee is the severity of the offense and its legal consequences. A misdemeanor DUI applies to a first, second, or third offense, while a fourth DUI or certain aggravated circumstances automatically elevate the charge to a felony criminal offense. Felony DUI convictions carry longer prison sentences, have higher mandatory minimum jail sentences, higher fines, and extended or permanent license revocation, making a felony DUI conviction far more serious than a misdemeanor DUI conviction.
A felony DUI arises under circumstances such as:
- Fourth or Subsequent DUI Offense – Classified as a Class E felony, punishable by 1 to 6 years in prison, fines between $3,000 and $15,000, and an 8-year license revocation.
- Vehicular Assault – Causing serious bodily injury while driving under the influence is a Class D felony, carrying 2 to 12 years in prison and fines up to $5,000.
- Vehicular Homicide – Causing a fatality due to DUI is a Class B felony, with penalties of 8 to 30 years in prison and fines up to $25,000.
- Aggravated Vehicular Homicide – Is a Class A felony and is when the driver has multiple prior DUIs or an extremely high BAC, carrying 15 to 60 years in prison.
Because felony DUI convictions lead to long-term consequences, securing an experienced defense attorney is essential for protecting your rights and minimizing penalties.
How Legal Representation Can Help in a Felony DUI Case
A felony DUI charge in Tennessee carries severe penalties, but legal defense strategies can challenge the evidence, pursue outcomes that reduce charges, or fight for case dismissal depending on the facts, circumstances, and issues involved in each specific case.
Felony DUI convictions lead to long-term consequences, including mandatory prison time, license revocation, and substantial fines, making legal representation essential to protecting yourself and your rights against the prosecutor’s allegations. A skilled DUI lawyer evaluates the facts of the case, identifies errors made in the investigation of the DUI, and fights for the best possible outcome.
Building a Strong Defense Against Felony DUI Charges
A DUI lawyer begins by analyzing the evidence and identifying legal or procedural errors in the investigation and arrest that could cause the case to be invalid or may weaken the strength of the allegations. Some of the strategies may include:
- Challenging the legality of the traffic stop – Law enforcement must have probable cause to stop a vehicle. If the stop was unlawful, the evidence collected may be inadmissible in court.
- Questioning BAC test accuracy – Breathalyzers and blood tests are not always reliable. Improper calibration, medical conditions, improper collection of the evidence, or testing errors can result in inaccurate blood alcohol concentration (BAC) test results.
- Disputing field sobriety test results – Nervousness, uneven road conditions, and medical issues may lead to poor performance, even when the driver is completely sober.
- Challenging officer observations – Slurred speech, unsteady movement, or red eyes do not always indicate intoxication. Fatigue, allergies, or stress can cause similar symptoms. However, investigating officers almost always interpret such observations as being evidence of impairment.
- Arguing lack of control of the vehicle – The prosecution must prove that the defendant was physically operating the vehicle while impaired. If there is doubt as to either physical control or operation of the vehicle, or doubt as to impairment, due to a lack of evidence or due to improper procedures for collecting evidence then such doubt could lead to a reduction or dismissal of charges.
By identifying flaws in the prosecution’s case, a DUI attorney can fight to have charges dismissed or negotiate for less severe penalties depending on the flaws that exist in the case.
Negotiating Reduced Charges or Alternative Sentencing
When dismissal is not possible, a DUI attorney can work to pursue outcomes that reduce the severity of the charges or negotiate for alternative sentencing options, such as:
- Reducing the felony charge to a misdemeanor – In some cases, prosecutors may agree to plea deals that eliminate felony-level penalties and eliminate felony conviction status.
- Securing alternative sentencing – Instead of prison time, a lawyer may push for probation, alcohol treatment programs, or community service.
- Minimizing license suspension – A defense attorney can advocate for getting approval for restricted driving privileges instead of a full license revocation.
Because Tennessee law imposes strict penalties for felony DUI convictions, an attorney familiar with Williamson County courts can help you navigate the legal process and explore possible defense strategies.
Penalties for Felony DUI in Tennessee
A felony DUI in Tennessee carries life-altering penalties, including prison time, high fines, and extended license revocation. The severity of the sentence depends on prior DUI convictions and whether the case involves injury or death. A DUI defense attorney can fight to protect your rights, advocate for reduced charges, and protect your future.
Fourth or Subsequent DUI Offense
A fourth DUI conviction in Tennessee is automatically a felony, even if no one was injured. The penalties include:
- Prison sentence: 1 to 6 years
- Fines: $3,000 to $15,000
- License revocation: 8 years (no restricted license eligibility)
- Mandatory alcohol treatment program
- Vehicle forfeiture in some cases
DUI with Serious Bodily Injury (Vehicular Assault)
A DUI resulting in serious bodily injury is charged as vehicular assault, a Class D felony with penalties of:
- Prison sentence: 2 to 12 years
- Fines: Up to $5,000
- License revocation: 1 to 5 years
For a DUI to result in a vehicular assault conviction, the prosecution must prove that the impaired driving caused by intoxication directly caused serious bodily injury to another. If there is doubt about causation, then the charge could be reduced or dismissed; depending on the specific facts and evidence involved in the case.
DUI Resulting in Death (Vehicular Homicide or Aggravated Vehicular Homicide)
Vehicular Homicide (Class B Felony) – DUI causing death
- Prison sentence: 8 to 30 years
- Fines: Up to $25,000
- License revocation: 3 to 10 years
Aggravated Vehicular Homicide (Class A Felony) – Applies if the driver has two or more prior DUI convictions or a BAC of 0.15% or higher
- Prison sentence: 15 to 60 years
- Fines: Determined by the court
- License revocation: Permanent
Felony DUI cases in Tennessee follow a structured legal process, but local court procedures and prosecutorial approaches can impact how a case is handled. In Franklin, Tennessee, felony DUI charges are prosecuted in Williamson County district attorneys, and the proceedings are overseen by Williamson County judges, where sentencing outcomes depend on case details and legal arguments presented by the defense.
Local Considerations for Felony DUI Cases in Franklin, TN
Felony DUI cases in Franklin, TN, are prosecuted in Williamson County General Sessions Court, as well as, Williamson County Circuit Criminal Court, where the District Attorney’s Office takes a strict approach to DUI offenses and prosecute DUI charges aggressively on behalf of the State of Tennessee. And sentences for DUI convictions can be especially strict because of mandatory punishments required under Tennessee law and particularly for repeat offenders or cases involving serious injury or death. Because of the strict punishments imposed under Tennessee law for DUI convictions, especially felony DUI convictions, combined with prosecutors that take a hard stance against DUI charges in Williamson County, individuals facing felony DUI charges in Franklin need a defense strategy tailored to local court practices who is familiar not only with Tennessee law, and how facts are applied to the law, but also who knows the culture of the court system where the DUI case is pending.
Williamson County Courts and DUI Cases
Felony DUI cases in Williamson County begin in General Sessions Court where, if the case is unable to be resolved, it will be presented in front of Williamson County judge to determine if there is probable case for the case to go further in what is called a preliminary hearing. If the Williamson County General Sessions Court judge finds probable case then the case is sent to the grand jury for an indictment to be issued. If the grand jury decides an indictment should be issued then the case moves to Williamson County Criminal Court for further prosecution where the case can either end with a negotiated plea agreement or with a trial.
A DUI lawyer familiar with the Williamson County court system understands the local judges, prosecutors, and court procedures, which can play a crucial role in negotiating plea deals and fighting a DUI case.
Choosing the Right Attorney for Your Felony DUI Case
Facing a felony DUI charge in Franklin, TN requires an attorney with experience in Tennessee DUI laws and a proven track record in Williamson County courts. The right DUI lawyer can challenge the prosecution’s case, pursue negotiations to work toward reduced charges, or fight for a dismissal depending on the facts, the investigation, the evidence, and any issues that may exist in the specific case. When selecting an attorney, key factors should be considered.
Qualities to Look for in a Felony DUI Attorney
Not all criminal defense attorneys have extensive experience handling felony DUI cases. An attorney handling felony DUI cases should have:
- Experience handling felony DUI cases – A lawyer familiar with Tennessee’s felony DUI laws and mandatory sentencing guidelines can develop a strategic defense.
- Knowledge of Williamson County courts – Local experience provides insight into prosecutorial tendencies and the prosecutor’s approach to the case, plea deal opportunities, and courtroom procedures.
- Proven case results – A strong attorney has a history of reducing charges, securing dismissals, or minimizing penalties in DUI cases. However, it is important to understand that every case is different and driven by the specific facts, investigations, issues, and evidence involved in the case.
- Trial experience – While many DUI cases are resolved before trial, an attorney with successful courtroom experience can effectively challenge felony charges and pursue outcomes that have your best interest in mind.
Experience Handling DUI Cases in Williamson County
An attorney who regularly represents clients in Williamson County Criminal Court understands how local judges and prosecutors approach felony DUI cases and understands the local culture of the court system. This knowledge is critical when:
- Challenging the prosecution’s evidence to challenge a case or to show the weaknesses in the case.
- Negotiating plea deals to pursue reducing felony charges to misdemeanors.
- Advocating for alternative sentencing to avoid lengthy prison time.
Because felony DUI cases involve strict sentencing guidelines, hiring a DUI lawyer in Franklin, TN with local courtroom experience can significantly impact the outcome of a case.
Why Early Legal Representation Matters
The earlier an attorney is involved, the better the chances of building a strong defense because reviewing the evidence, developing a plan of action, and building a strong defense takes time. Early legal intervention allows a DUI lawyer to:
- Gather evidence before it is lost or weakened.
- Challenge procedural errors or rights violations.
- Engage with the prosecution early for possible charge reductions through conversations and negotiations.
A felony DUI conviction can permanently impact your future, making it essential to hire an experienced attorney as soon as possible.
Legal Powers, PLLC: Defending Felony DUI Cases in Franklin, TN
A felony DUI charge risks serious penalties if convicted as charged, but the right defense strategy can make a difference and provide opportunity to pursue alternative outcomes. Ben Powers, founder of Legal Powers, PLLC, has successfully defended DUI cases in Williamson County General Sessions Court, as well as, Williamson County Circuit Criminal Court, helping clients reduce charges, challenge evidence, and protect their future. His experience with felony DUI cases allows him to navigate complex legal issues and fight for the best possible outcome on behalf of his clients.
Why Clients Trust Ben Powers for Felony DUI Defense
When facing felony DUI charges, having an attorney with local court experience is essential. Ben Powers has built a reputation for approaching every case he handles with a strategic mindset for building criminal defenses, has deep knowledge of Tennessee DUI laws, and is committed to protecting his clients. His legal approach includes:
- Challenging improper arrests and weak evidence.
- Negotiating with prosecutors to pursue reduced charges.
- Representing clients in Williamson County General Sessions Court, as well as, clients in Williamson County Circuit Criminal Court with a strong, prepared defense, specifically tailored to his clients and their individual cases.
With a history of successful advocacy on behalf of clients, Legal Powers, PLLC provides the aggressive representation needed in high-stakes felony DUI cases.
Take Action With Legal Powers, PLLC
The sooner you take action, the more options you have to fight your case, build your defense, and pursue a successful outcome on your case. Ben Powers offers free consultations to evaluate your legal situation and start crafting a defense strategy for his representation of you.
A felony DUI conviction can have long-term consequences. Take the first step in your defense by contacting Legal Powers, PLLC today.
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