Aggressive, Professional, and Dynamic Representation in Tipton County, Tennessee
DUI charges can have severe consequences in Covington, TN, depending on your criminal record and the circumstances of the incident. Whether you seek legal representation for an underage offense or vehicular assault, Huffman Mason, PLLC can help. With over 40 years of combined criminal defense experience, our law firm will build an aggressive and unique defense to fight your DUI charge.
Can You Get Out of a DUI in Tennessee?
A DUI case in Tennessee can be dismissed in certain circumstances. A common defense for a DUI is that law enforcement had no reason to pull you over or arrest you.
The “per se” blood alcohol level at which Tennessee presumes a driver to be drunk is set at 0.08. Those under the age of 21 with a BAC of 0.02 while driving, even if not drunk, can still be charged with a DUI under Tennessee's "zero tolerance" law.
What are the Penalties for DUI in Tennessee?
Tennessee has a mandatory minimum jail time for first-time DUI offenders. You will get at least 48 hours in jail, unless your BAC was 0.20 or higher, in which case your minimum will be much higher at 7 days.
First Offense
The maximum sentencing you can receive for a first-time DUI offense includes the following:
The maximum sentencing you can receive for a second DUI offense includes the following:
Up to 11 months and 29 days in jail
Fine of $600-3,500
License revocation for 2 years
Mandatory alcohol and drug treatment program
Ignition Interlock Device
Third Offense
The maximum sentencing you can receive for a third DUI offense includes the following:
Up to 11 months and 29 days in jail
Fine of $1,000-10,000
License revocation for 6 years
Mandatory alcohol and drug treatment program
Ignition Interlock Device
Underage DUI
Penalties for a youth between the ages of 16 and 20 found guilty of impaired driving include a 1-year revocation of their license, a $250 fine, and court-imposed community service in Covington.
When Does a DUI Become a Felony in Tennessee?
In the event of a DUI, you could face much more severe penalties if you have seriously harmed or killed another person. Vehicular assault, or causing serious injury to another person due to your impaired driving, is a Class D felony subject to:
2-12 years in prison
A fine up to $5,000
1-5 years of license revocation (depending on prior DUIs)
Vehicular homicide, or killing another person in a drinking-and-driving accident, is a Class B felony punishable by:
8-30 years in prison
A fine up to $25,000
License revocation for 3-10 years and no restricted driver’s license
What is Tennessee’s “Implied Consent” Law?
Tennessee also has “implied consent” laws for testing your blood alcohol level. This law states that anyone who operates a motor vehicle has implicitly complied to a chemical test to determine their blood alcohol content (BAC). If you refuse to submit to a test when requested, you could face license revocation for 1-2 years, depending on your case.
Field Sobriety Tests
The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests:
Horizontal Gaze Nystagmus (HGN) test - In this test the officer will observe their eyes as they slowly move a pen or small object back and forth to look for indicators that the person is impaired.
Walk-and-turn test - In this test, the officer instructs the person to take nine steps in a straight line and the return back. The officer is looking for signs that the person is impaired such as not being able to keep their balance or not following the instructions properly.
One-leg stand test - In this test, the officer instructs the person to stand with one foot off the ground and hold it for about 30 seconds. The officer looks for signs of impairment such as swaying, hoping or using their arms to balance.
Local Covington DUI Attorneys Here For You
Being criminally charged with a DUI can be a very overwhelming and stressful experience. Whether you are still coming to terms with the reality of your situation or battling feelings of guilt or anger, it is important to have someone in your corner who can guide you through this difficult time.
At our Huffman Mason, PLLC, our Covington DUI Lawyers understand the challenges that DUI charges can bring, and we are dedicated to helping each of our clients navigate their DUI case with skill and compassion. Our experienced criminal defense attorneys understand the legal system intimately, and we work tirelessly to protect your rights and interests from start to finish. So if you need help navigating the complexities of a DUI charge, contact our Covington DUI Attorney today for the guidance and support you deserve.
Why Hire a DUI Attorney?
Hiring a DUI (Driving Under the Influence) attorney is crucial if you're facing DUI charges. DUI cases can have serious legal consequences, and an experienced criminal defense attorney can provide invaluable assistance. Here are some compelling reasons to hire a DUI attorney:
Legal Expertise: DUI laws are complex and vary from one jurisdiction to another. A DUI attorney specializes in this area of law and understands the specific rules, regulations, and legal procedures relevant to DUI cases in your jurisdiction.
Case Assessment: A DUI attorney will thoroughly review the details of your case, examining the circumstances of your arrest, the evidence against you, and the actions of law enforcement. This analysis can uncover potential weaknesses in the prosecution's case and lead to the suppression of evidence or dismissal of charges.
Customized Defense Strategy: Every DUI case is unique. A skilled attorney will develop a defense strategy tailored to your specific circumstances. Whether it involves challenging the validity of field sobriety tests, breathalyzer results, or the legality of the traffic stop, your attorney will chart the best course of action for your case.
Protection of Rights: A DUI attorney ensures that your constitutional rights are protected throughout the legal process. They can advise you on your right to remain silent and your right to legal counsel. This guidance prevents self-incrimination and helps you make informed decisions.
Negotiation Skills: Attorneys have the negotiation skills needed to interact with the prosecution. They can negotiate with the prosecutor to potentially have charges reduced or secure more favorable outcomes, such as plea agreements or alternative sentencing options.
Courtroom Representation: If your case goes to court, an attorney will represent you effectively. They are skilled in presenting your defense, cross-examining witnesses, and making legal arguments. Their courtroom experience is invaluable in seeking an acquittal or reduced penalties.
License Suspension: DUI convictions often result in the suspension of your driver's license. An attorney can help you navigate the administrative and legal processes to minimize the impact on your driving privileges.
Mitigation and Sentencing: If you are convicted, your attorney can advocate for a fair and just sentence. They may present mitigating factors and character references that can influence the judge's sentencing decision.
Legal Knowledge: DUI attorneys have an in-depth understanding of the science and technology behind DUI testing methods, allowing them to challenge the accuracy and reliability of tests such as breathalyzers or blood tests.
Peace of Mind: Facing DUI charges is stressful. Having a DUI attorney by your side provides you with guidance, support, and reassurance during a challenging and uncertain time.
In summary, hiring a DUI attorney is essential to protect your rights, navigate the legal process, and achieve the best possible outcome for your case. They bring legal expertise, experience, and negotiation skills that can make a significant difference in the resolution of your DUI case.
Contact a Covington DUI Defense Lawyer Today
If you have been charged with a DUI, whether it is your first or subsequent offense, contact a DUI lawyer at Huffman Mason, PLLC for legal counsel. Our dynamic team of defense lawyers can bring a young and fresh perspective to your case and help argue for the least possible penalties based on the specific facts of your situation.
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The Difference With Our Firm
The team dynamic at Huffman Mason, PLLC is unique; each of our lead attorneys has a different personality with different experience, bringing a wide array of knowledge and experience to the firm as we come together and work on your case as a team. When you work with one of our attorneys, you work with all of us. The attorneys at our firm consult and communicate with each other to bring in as many different perspectives as possible to ensure an airtight defense.
