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DUI and Criminal Defense Lawyer in Gallatin

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If you’re dealing with a DUI charge or need comprehensive criminal defense in Gallatin, securing the right legal representation is crucial. At Better Know Bo, our skilled DUI and criminal defense lawyer is committed to defending your rights and guiding you through every step of the legal process. We offer a free consultation to review your case and discuss the best strategies for your defense. Contact us at 629-249-1541 to schedule your consultation and begin building a strong defense tailored to your needs.

A Guide to DUI Offenses in Tennessee

Driving under the influence (DUI) charges in Tennessee can vary significantly based on the specifics of the offense. Understanding the different types of DUI offenses can help you navigate the legal system more effectively if you’re facing such charges. Here’s an overview of the various DUI offenses in Tennessee and their implications.

Standard DUI

A standard DUI charge in Tennessee typically involves operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is the most common DUI charge and can result in significant legal consequences, including:

  • Fines: Ranging from $350 to $1,500
  • License Suspension: Up to one year
  • Jail Time: Up to 11 months and 29 days, depending on the circumstances and whether it is a first or subsequent offense

Aggravated DUI

An aggravated DUI charge is more severe than a standard DUI and involves additional factors that increase the seriousness of the offense. Circumstances that can lead to an aggravated DUI charge include:

  • High BAC: A BAC of 0.20% or higher
  • Endangerment: Driving under the influence with a minor under 18 in the vehicle
  • Reckless Driving: Engaging in dangerous driving behaviors that put others at risk

Penalties for aggravated DUI can be more severe and may include higher fines, longer license suspension, and increased jail time.

DUI with a Child Endangerment Charge

If you are arrested for DUI while a child under 18 is in the vehicle, you may face additional charges for child endangerment. This offense is considered particularly serious due to the added risk to the child and can result in:

  • Increased Penalties: Higher fines and extended jail time
  • Additional Charges: Separate child endangerment charges that carry their own penalties

Felony DUI

A DUI can escalate to a felony charge under certain conditions, such as:

  • Repeat Offenses: If you have been convicted of DUI four or more times within a 10-year period
  • Injury or Death: If your DUI resulted in significant bodily injury or death to another person

Felony DUI charges carry more severe consequences, including long-term imprisonment, substantial fines, and a permanent criminal record. These cases are treated with higher scrutiny and often require more complex legal defense strategies.

Driving Under the Influence of Drugs

Tennessee law also covers driving under the influence of drugs, including prescription medications, over-the-counter drugs, and illegal substances. A DUI charge involving drugs is treated similarly to an alcohol-related DUI, but:

  • Drug Testing: You may be subjected to blood or urine tests to determine the presence of drugs
  • Legal Defense: The defense may involve challenging the accuracy of drug tests or arguing the legality of the drug use

Implied Consent Violations

Tennessee operates under implied consent laws, meaning that by driving, you agree to submit to chemical tests if suspected of DUI. Refusing to take a chemical test can result in:

  • Automatic License Suspension: Up to one year for a first refusal, with longer suspensions for subsequent refusals
  • Additional Penalties: Refusal may be used against you in court, potentially impacting the outcome of your case

Underage DUI

Drivers under the age of 21 face stricter DUI laws, with a lower BAC limit of 0.02%. Penalties for underage DUI include:

  • License Suspension: Up to one year
  • Fines: $250 to $1,000
  • Mandatory Education Programs: Participation in alcohol education and counseling programs

Understanding the different types of DUI offenses in Tennessee is essential for anyone facing such charges. Each offense has its own set of consequences and legal complexities. 

Understanding Field Sobriety Tests

Field sobriety tests (FSTs) play a critical role in DUI investigations in Tennessee. These tests are used by law enforcement to assess whether a driver is impaired due to alcohol or drugs. However, their accuracy and reliability can be contested. Here’s an overview of how field sobriety tests are used in Tennessee DUI cases and their implications.

Purpose of Field Sobriety Tests

Field sobriety tests are designed to help officers determine if a driver is under the influence. They provide a preliminary assessment of a driver’s physical and cognitive abilities. The results of these tests can influence whether an arrest is made and can be used as evidence in court.

Common Types of Field Sobriety Tests

There are several standard field sobriety tests used by police officers, including:

  • Horizontal Gaze Nystagmus (HGN) Test: This test checks for involuntary jerking of the eyes as they follow a moving object. Impairment can cause exaggerated eye movements.
  • Walk-and-Turn Test: The driver is asked to walk in a straight line, heel-to-toe, and then return in the same manner. This test evaluates balance, coordination, and the ability to follow instructions.
  • One-Leg Stand Test: The driver must stand on one leg for a specified period while counting aloud. This test assesses balance and stability.

Accuracy and Reliability Concerns

While field sobriety tests are commonly used, they are not infallible. Several factors can affect their accuracy:

  • Environmental Conditions: Factors such as poor lighting, uneven ground, and weather conditions can impact a person’s performance on these tests.
  • Health and Physical Condition: Certain medical conditions, injuries, or even nervousness can affect a person’s ability to perform the tests correctly.
  • Test Administration: The effectiveness of FSTs depends on how well they are administered. Mistakes by the officer in conducting the tests can lead to inaccurate results.

Legal Implications of Field Sobriety Tests

The results of field sobriety tests are often used as part of the evidence in DUI cases. However, their reliability can be challenged. Key considerations include:

  • Admissibility in Court: Defense attorneys may argue that the FST results are not reliable due to the conditions under which they were performed or the way they were administered.
  • Supplementary Evidence: FST results are typically used in conjunction with other evidence, such as breathalyzer tests or observations of driving behavior. The overall strength of the case depends on the combined evidence.

Refusing Field Sobriety Tests

In Tennessee, you are not legally required to perform field sobriety tests if requested by an officer. While refusal may lead to arrest, it cannot be used against you as evidence of guilt. However, refusal to submit to a chemical test (breath, blood, or urine) can result in automatic license suspension under Tennessee’s implied consent laws.

Challenging Field Sobriety Test Results

If you are facing DUI charges and field sobriety tests were involved, it’s important to:

  • Review the Procedures: Evaluate whether the tests were administered correctly and under proper conditions.
  • Consult with an Attorney: An experienced DUI attorney can assess the validity of the field sobriety tests and challenge their results if necessary.

Seeking Legal Advice

If you are arrested for DUI in Gallatin, Tennessee, and field sobriety tests are part of the evidence against you, it’s important to seek legal representation. An attorney can help review the specifics of your case, challenge unreliable test results, and work towards a favorable outcome.

Experienced DUI and Criminal Defense Attorney in Gallatin

When you’re faced with DUI charges or other criminal defense issues in Gallatin, Tennessee, having a knowledgeable and dedicated attorney is essential. At Better Know Bo, our experienced DUI and criminal defense attorneys are here to provide you with the aggressive representation and personalized support you need. We offer a free consultation to assess your case and discuss your legal options. Contact us at 629-249-1541 to schedule your consultation and start building a robust defense strategy tailored to your needs.