Misdemeanor DUI

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Legal Powers, PLLC is a licensed and professional law firm based in Franklin, Tennessee, that has DUI attorneys dedicated to fighting for your rights if you’re facing a misdemeanor DUI charge in Tennessee. Our team of experienced lawyers provides aggressive representation that  navigates the complexities of Tennessee DUI law while fighting for you and protecting your future.

With a proven track record and deep knowledge of DUI investigations and Tennessee law, as well as, local legal procedures in Williamson County and Nashville (Davidson County), we are committed to ensuring that you and your case receives the individualized attention and expertise that you and your representation deserves.

In this article, we’ll discuss why Legal Powers, PLLC is the obvious choice for your representation if you are facing a  misdemeanor DUI case and why our firm is the trusted choice for DUI defense in Franklin, Williamson County, and Nashville.

Understanding Misdemeanor DUI

A misdemeanor DUI in Tennessee refers to a charge for driving under the influence that does not involve aggravating circumstances, such as causing serious injury, death, or committing a fourth or higher DUI offense. Generally, first, second, and third DUI offenses fall into the category known as “Misdemeanor DUI” cases, as long as no other severe factors are present. This classification, while less severe than a felony DUI, still carries serious penalties such as fines, a temporary license suspension, and possible jail time in addition to the damage to your reputation, career, and other collateral consequences that occur beyond the courtroom if you have a DUI conviction.

In most cases, a DUI is classified as a misdemeanor under Tennessee law. However, certain factors can elevate the charge to a felony, including repeated offenses beyond the third offense, accidents causing significant harm, or the presence of a child passenger during the offense.

The difference between a misdemeanor DUI and a felony DUI lies in the severity of the offense and the consequences. Misdemeanor DUIs generally result in penalties designed to discourage impaired driving but are less life-altering compared to felonies. Felony DUIs involve more serious offenses and lead to harsher penalties, such as extended jail sentences, higher fines, a lasting impact on your criminal record, and loss of certain constitutional rights such as your right to vote or own guns due to being a convicted felon.

Understanding the nuances of these charges is crucial when facing a DUI case. At Legal Powers, PLLC, we defend clients charged with misdemeanor DUIs in Franklin and Williamson County, as well as, Nashville, Tennessee, ensuring a personalized and strategic approach to every case.

Getting Arrested for a DUI

An arrest for driving under the influence (DUI) in Tennessee begins with police stopping a vehicle or conducting a checkpoint. Law enforcement officers are trained to identify signs of impairment, such as the smell of alcohol, slurred speech, or erratic driving behavior. Impairment from drugs, even including prescription medications taken as prescribed, is also a leading cause of DUI arrests. Understanding the steps involved in a DUI arrest can help you make informed decisions if you find yourself in this situation.

DUI Stops

DUI arrests often start with a traffic stop initiated by law enforcement. In Williamson County and Franklin, these stops may occur during routine patrols or DUI checkpoints. Police evaluate drivers for signs of impairment, which can lead to further testing and, ultimately, an arrest.

Field Sobriety Test

During a traffic stop, officers may ask you to perform field sobriety tests to assess physical coordination and mental alertness. These tests, including walking in a straight line or standing on one leg, are used to detect impairment from alcohol or drugs. Drivers impaired by prescription drugs or other substances may still struggle with these tests, providing police with probable cause for an arrest. It is important to understand that you are not required to perform Field Sobriety Tests and you can, and should, refuse to perform these tests.

Breathalyzer and Blood Tests

The breathalyzer test is a common tool used during DUI stops to measure blood alcohol concentration (BAC). However, in Williamson County and Davidson County they are rarely, if ever, used. Instead, officers in these counties may request a blood test to detect both alcohol and drugs in the driver’s system. These tests can reveal the presence of illegal drugs, such as marijuana or cocaine, as well as prescription medications like opioids or sedatives that may impair driving ability. Refusal to take a blood test is another charge – that is only civil, not criminal – known as Violation of Tennessee’s Implied Consent Law and the only penalty for this charge, if convicted, is that it can result in an automatic license suspension for one year.

You have the right to refuse a request for a breathalyzer test and a request for blood draw test. You are not required to give a breath or blood sample voluntarily and doing so waives certain constitutional rights that may seriously impact your ability to contest the results or the investigation in an arrest for DUI.

Even if you refuse to give a breath test or blood sample, police may still be able to have a magistrate approve a search warrant to take a blood sample without your permission. However, if the search warrant is flawed, or if there are inaccurate representations made in the application for the search warrant, then you may have grounds to keep the results of your blood draw from being introduced in your case.

DUI Checkpoints

DUI checkpoints are frequently set up in Franklin, Williamson County, and Nashville, Tennessee to try to catch impaired drivers. At these checkpoints, police systematically stop vehicles to assess for signs of alcohol or drug impairment. Drivers under the influence of drugs, including prescription medications, may face the same consequences as those impaired by alcohol depending on the content of the substance in the driver’s system. While DUI checkpoints are legal in Tennessee, they must follow specific guidelines to ensure fairness. An arrest made at a checkpoint may still be contested in court for a number of reasons including if the checkpoint did not comply with the strict protocol required for officers to follow in setting up such checkpoints.

At Legal Powers, PLLC, we have extensive experience representing clients arrested for DUI in Franklin, throughout Williamson County, and Nashville, Tennessee. Whether your case involves allegations of DUI by use of alcohol, illegal drugs, or prescription medications, our team is dedicated to protecting your rights and providing a strategic defense custom tailored to you and the specific circumstances of the investigation and evidence in your case.

Understanding the Consequences of a Misdemeanor DUI

A misdemeanor DUI in Tennessee can have far-reaching consequences that extend beyond the courthouse and the immediate penalties imposed by the court. Beyond the legal punishments, a DUI leaves a stain on your record that can have long-term effects on your ability to be employed in certain fields, your ability to hold certain professional licenses, your ability to qualify for better credit, and therefore may place a ceiling on you and your financial well-being. It is crucial to understand the full scope of what a DUI conviction entails not only by terms of legal punishment but also the everlasting negative impact a DUI conviction may carry with it. By having a competent DUI attorney on your side, you can better prepare for the legal process, seize opportunities in the form of attacking the shortcomings of the investigation and allegations against you, be proactive in building your defense, and be better prepared for navigating any unforeseen challenges that may arise during the life of your DUI case.

Penalties for a Misdemeanor DUI

DUI is a unique misdemeanor. Unlike other misdemeanors of similar seriousness, misdemeanor DUI in Tennessee comes with mandatory minimum penalties which include jail time and loss of driver’s license. The penalties for a misdemeanor DUI in Tennessee vary depending on whether it is a first, second, or third offense. These penalties are designed to deter repeat offenses while emphasizing rehabilitation.

  • Jail Time: A first-offense misdemeanor DUI conviction requires at a minimum jail sentence of 48 hours, with penalties increasing for higher BAC levels. Repeat offenses carry longer mandatory minimum jail sentences, with a third DUI conviction requiring, at a minimum of 120 days in jail. All misdemeanor DUI convictions carry the risk of potentially resulting in up to 11 months and 29 days in jail.
  • Fines: Financial penalties for a misdemeanor DUI range from $350 to $1,500 for a first offense, increasing with subsequent offenses. These fines are in addition to court costs and other associated expenses.
  • Probation: Many individuals convicted of a misdemeanor DUI are placed on probation after serving jail time. Probation often includes conditions such as attending alcohol or drug education programs, avoiding further legal trouble, and regularly meeting with a probation officer.

License Suspension and Revocation

A DUI conviction can have significant consequences for your driving privileges in Tennessee.

  • How Long Is Your License Suspended?: For a first offense, your license may be suspended for one year. Second offenses typically result in a two-year suspension, while a third offense can lead to a six-year driver’s license suspension..
  • How Many DUIs Before License Revocation?: Tennessee law allows for license revocation after multiple offenses, with a fourth DUI risking permanent revocation of your Tennessee driver’s license. Revocation is a more severe penalty than suspension and often requires a lengthy and costly process to regain driving privileges.

DUI Record

A misdemeanor DUI conviction is a permanent conviction, that can never be removed, which forever tarnishes your personal record and can impact various aspects of your life.

  • Does a Misdemeanor DUI Show Up on Background Checks?: Yes, a misdemeanor DUI will appear on standard background checks, which can be accessed by potential employers, landlords, and licensing boards. A DUI conviction is a permanent conviction on your public record for all who want to look you up are able to see.
  • Can a Misdemeanor DUI Be Expunged?: In Tennessee, DUI convictions cannot be expunged. This means that a DUI conviction will remain on your criminal record permanently, regardless of whether it is a misdemeanor or felony.
  • Effects on Employment, Licenses, and Future Opportunities: A DUI conviction can affect job prospects, especially in fields requiring a clean driving record or professional licensure. Additionally, it may create challenges when applying for housing, education, or other opportunities that involve a background check.

Financial Costs of a DUI

The financial burden of a misdemeanor DUI extends beyond fines, as various other expenses can accumulate.

  • Court Costs and Fines: In addition to fines ranging from $350 to $1,500, individuals must also pay court fees, which can vary depending on the jurisdiction, higher insurance costs, probation fees, and other associated costs inherent in the aftermath of a DUI conviction.
  • Costs of Mandatory Interventions: Tennessee law may require DUI offenders to install an ignition interlock device on their vehicles, which can cost several hundred dollars upfront and incur monthly maintenance fees. Other mandatory programs, such as alcohol treatment or driver education courses, add to the financial strain.

At Legal Powers, PLLC, we understand the fear of being charged with a DUI in Tennessee and the challenges that come with a misdemeanor DUI conviction. Our experienced team is here to proactively fight the investigation and allegations, minimize the impact of these consequences, and protect your rights throughout the legal process through our individualized focus on who you are beyond your DUI arrest, the traffic stop, investigation, and arrest involved in your case, and any strategies and plans that can be utilized to best advocate for you and your future.

How to Fight a Misdemeanor DUI

Being charged with a misdemeanor DUI in Tennessee does not mean you have to accept the consequences without a fight. The legal standard to arrest someone for DUI in Tennessee as much, much lower than the legal standard required in Tennessee for the prosecutor to convict you. And, remember, it is the prosecutor’s job to prove your guilt beyond a reasonable doubt; and if the prosecutor fails to do that then you are not convicted.

With an experienced DUI lawyer, you can challenge the evidence, negotiate with the district attorney, and work to achieve the best possible outcome depending on the strengths and weaknesses of the State’s allegations against you. At Legal Powers, PLLC, we have extensive experience defending clients in Franklin, Williamson County, and Nashville, Tennessee, using proven strategies, crafted to each individual client we represent, to protect our clients’ rights and fight to avoid and minimize the impact of a DUI conviction.

Defense Strategies

Fighting a misdemeanor DUI often involves multiple stages, beginning with how you conducted yourself during the investigation that resulted in your arrest, and includes doing the necessary work as a team – attorney and client working together – prior to ever stepping into court for the first time, as well as, pretrial negotiations and courtroom advocacy. Here are key strategies your DUI lawyer may use:

  • Developing a Plan Together
    At Legal Powers, PLLC, we take a teamwork approach to building your defense. Often, we tell our clients “Our gameplan only works if you are ready to put in some work for yourself so you can help us, help you.” And that is because there are a lot of things that our clients can be doing to help themselves with our guidance and our strategy while we work toward our day in court. We custom-tailor a defense strategy that is rooted in our own expertise, knowledge, and experience, that is proactive and collaborative with our clients as a unified team fighting the State’s allegations and investigation.
  • Challenging the Traffic Stop
    The first step in any DUI case is examining whether the police had a valid reason to pull you over. Under Tennessee law, officers must have reasonable suspicion of illegal activity, such as erratic driving or a traffic violation. If the stop made by the investigating officer was baseless and unlawful then evidence collected pursuant to the unlawful stop and seizure may be suppressed, potentially leading to dismissal of the charges.
  • Scrutinizing Field Sobriety Tests
    You are not required to perform field sobriety tests and can refuse to perform them. However, if by the time you are reading this you have already been arrested for DUI in Tennessee and, unfortunately, you did perform field sobriety tests, do not beat yourself up. Officers are trained to make you feel like you “have” to do those tests even though you don’t. Additionally, field sobriety tests, such as the one-leg stand or walk-and-turn, are highly subjective and are prone to error for a number of reasons that are too many to list fully here. Your attorney can argue that factors like uneven road surfaces, medical conditions, anxiety, nervousness, or lack of sleep affected your performance. If the test results are unreliable, then they may be used to establish reasonable doubt of the State’s allegations against you.
  • Disputing Breathalyzer or Blood Test Results
    Breathalyzer and blood test results are critical evidence in most DUI cases, but they are not infallible. Your lawyer can challenge the accuracy of these tests by questioning the device’s calibration, the officer’s training, the manner in which these tests were taken or administered, or the chain of custody for blood samples. Inaccurate or mishandled evidence results may weaken the prosecutor’s case or may give rise to throwing out the evidence all together.
  • Negotiating with the District Attorney
    In many misdemeanor DUI cases, an experienced attorney can utilize the shortcomings of a poorly investigated DUI case to negotiate with the district attorney to pursue reduced charges. For example, a DUI charge might be downgraded to reckless driving  which carries lighter penalties and avoids the permanent stigma of a DUI conviction. The potential to negotiate a DUI charge to a reduced traffic offense – such as Reckless Driving – is a case by case analysis depending on the specific facts and circumstances of each individual arrest and investigation.
  • Arguing for Exclusion of Evidence
    Forensic evidence, such as the blood alcohol content of a blood sample, is a cornerstone of any DUI case. Your attorney may file motions to suppress such evidence that if the evidence was obtained illegally or improperly, such as during an unlawful search or violations of your constitutional rights. If critical evidence is excluded, the prosecutor’s case may be significantly weakened which may result in better outcomes, including possible dismissal, of your case.
  • Building a Strong Courtroom Defense
    If your case proceeds to trial, your lawyer will present arguments and evidence to challenge the prosecutor’s case. This might include presenting expert testimony to dispute test results, cross-examining police officers to expose inconsistencies and inaccuracies, or highlighting the gaps and shortcomings in the arguments and evidence presented by the prosecutor.
  • Tailored Defense for Repeat Offenses
    A second DUI offense comes with harsher penalties, but it is still possible to mount a strong defense. Your attorney may focus on negotiating alternatives to incarceration, such as alcohol treatment programs, or challenging prior convictions that could affect sentencing, in addition to, challenging the stop, investigation, arrest, and alleged evidence involved in your case.

Fighting a DUI requires knowledge of Tennessee law, familiarity with local court procedures and protocol, and the ability to effectively communicate with judges, prosecutors, and juries. At Legal Powers, PLLC, we use a detail-oriented approach to assess every aspect of your case and provide the most robust defense possible that is multi-dimensional and diverse.

Seeking Legal Representation

When facing a misdemeanor DUI charge in Tennessee, having a professional DUI lawyer on your side can make all the difference. At Legal Powers, PLLC, we equip you with a team that has deep understanding of Tennessee DUI law and proven defense strategies to fight for you and your rights in court. From challenging evidence presented by the prosecutor in court to the negotiation table outside of court, our legal team’s focus is to fight for you by standing up to the State’s allegations, minimize the impact of your case, and protect your future.

Our office is conveniently located at 235 3rd Ave N, Franklin, TN 37064, making us easily accessible to clients in Franklin and Williamson County. Situated just 0.2 miles north of Franklin Public Square and 0.4 miles north of the Williamson County Courthouse, our location is strategically positioned near key legal and administrative offices. We’re also 0.7 miles north of the Franklin Police Department and 2.9 miles north of the Williamson County Sheriff’s Office, ensuring our proximity to the law enforcement entities most often involved in DUI cases.

By choosing Legal Powers, PLLC, you’ll benefit from a local legal team that understands the unique aspects of DUI cases in Franklin and Williamson County. Whether it’s fighting to reduce charges, challenging the legality of a traffic stop, or advocating for alternative sentencing options, our attorneys provide personalized representation tailored to your circumstances.

Don’t face a misdemeanor DUI charge alone. Contact Legal Powers, PLLC today to schedule a consultation and take the first step toward protecting your rights and your future.

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