Franklin DUI Lawyer

Franklin DUI Lawyer

Franklin DUI Attorney

Serving Middle Tennessee, the Franklin DUI defense attorney, Lee Ofman knows the laws and procedures for DUI charges in Tennessee. Having an experienced and knowledgeable Tennessee DUI lawyer can help you understand and navigate the criminal justice system.

A DUI offense can carry significant penalties that effect your criminal record and life for years to come. Working with a Franklin criminal defense lawyer experienced in DUI defense may help lessen the consequences of a DUI charge and achieve the most optimal outcome possible. At the Law Office of Lee Ofman, Mr. Ofman has the knowledge and experience to help you through every step of the legal process. He can provide you with an aggressive defense against your DUI charges.

Table of Contents:

Understanding the Fundamentals of a DUI

Driving Under the Influence of drugs or alcohol, known as DUI, is a legal offense. When someone drives a car while under the influence of alcohol or drugs, it is a crime. Tennessee’s particular legal limit for blood alcohol content (BAC) is 0.08% or higher. However, it’s important to know that you can be using legally prescribed medication and be convicted of a DUI in Tennessee. If your medication affects your central nervous system (and thereby your driving), then using it when behind the wheel is illegal.

DUI is a serious offense that may result in harsh punishments, including fines, license suspension or revocation, and jail time. DUI can have negative personal and social effects in addition to legal ones. These can include harm to one’s reputation, strain on relationships, and difficulties getting a job.

Franklin DUI Lawyer

Types of DUI Offenses in Tennessee

In Tennessee, there are different types of DUI offenses, including:

  • DUI (Driving Under the Influence): This is the most common type of DUI offense in Tennessee. It involves operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while under the influence of illegal drugs or prescription drugs.
  • Underage DWI: Underage DWI is a criminal offense that occurs when a driver under the age of 21 operates a vehicle with any measurable amount of alcohol in their system. The legal limit for drivers under 21 in Tennessee is a BAC of 0.02%.
  • Aggravated DUI: In Tennessee, aggravated DUI is a more serious type of DUI offense. It occurs when a person drives under the influence and has a high BAC level of 0.20% or higher. The penalties for aggravated DUI are more severe than for a standard DUI offense because it poses a greater risk to public safety.
  • Vehicular Assault: This is a serious criminal offense that occurs when a person causes serious bodily harm to another person while driving under the influence of drugs or alcohol. It is a felony offense and can result in severe penalties.
  • Vehicular Homicide: This occurs when a person causes the death of another person while operating a vehicle under the influence of drugs or alcohol. It is a Class B felony with a range of punishment (8-30 yrs.)

It is important to note that the legal consequences for these offenses can vary based on the severity of the offense, the driver’s criminal history, and other factors.

What to Do After Being Arrested for a DUI in Franklin, TN?

There are a number of crucial actions you should take after a DUI arrest:

  • Speak with a lawyer immediately: To better understand your legal choices and possible defenses, you should speak with a DUI attorney as soon as you can. A lawyer can also help you spend the least amount of time in jail after an arrest and potentially suffer fewer penalties after. Do not make statements to law enforcement. You have a right to remain silent and you should exercise that right.
  • Evaluate the evidence: It is vital to ascertain whether there are any legal defenses that might be asserted on your behalf. Your attorney can analyze the evidence that is being used against you. This includes the results of any breathalyzer or blood test, the intent of the officer who pulled you over, your own medical issues and statements, and many other complex legal strategies.
  • Take action to avoid another DUI: It is crucial to take action to avoid a repeat offense if you’re found guilty of DUI. This can entail enrolling in a drug or alcohol rehabilitation program, refraining from drinking and locating alternate modes of transportation. Additional DUI offenses will bring progressively harsher penalties.

It is crucial to speak with a DUI attorney as soon as you can if you have been charged with DUI in Franklin, or any county in Middle Tennessee. He can help you learn about your legal choices and viable defense.

What to Expect: Tennessee DUI Initial Hearings, General Sessions & Grand Jury

The purpose of the initial DUI hearing, or arraignment, is to announce the official charges being held against you and allow you to plead guilty or not guilty to the court.

If the defendant pleads not guilty, the case will move forward to a grand jury. A grand jury is a group of citizens who review the evidence presented by the prosecutor to determine whether there is enough evidence to proceed with a trial.

The grand jury’s decision is not a verdict of guilt or innocence but rather a determination of whether there is probable cause to believe that a crime was committed and that the defendant was the one who committed it. Depending on the jury’s decision, you may or may not move to criminal court.

Following a conviction, the court will continue to sentence the offender. In Tennessee, a DUI conviction can result in the following:

  • Fines
  • DUI school
  • License revoked
  • Ignition interlock device to prevent unallowed driving
  • Jail
  • Vehicle forfeiture
  • The requirement to enter a drug and alcohol treatment program

It is crucial to remember that the particulars of a DUI hearing may vary. The exact process of your proceedings will be based on the facts of the case, the court where it is being handled, and the experience of your attorney.

Sentencing for a DUI in Tennessee

Based on the circumstances of the case and the defendant’s criminal history, the sentencing for a DUI in Tennessee can vary.

In Tennessee, the following are the possible punishments for a first-time DUI:

  • Fines: There may also be court charges and fees in addition to a punishment of $250 to $1500
  • Jail Time: First offenders 48 hours and to 11 months and 29 days
  • Revocation of a License: The defendant’s driver’s license will be suspended for a year.
  • Ignition Interlock Device: A breath sample is needed to start the defendant’s car, which may need to have an ignition interlock device installed.
  • DUI Education Course: The defendant can be required to participate in an alcohol and drug treatment program.

The sentencing for a DUI in Tennessee becomes more severe for subsequent offenses. The penalties for a second, third, or subsequent DUI offense in Tennessee can include installing an interlock ignition device and attending DUI school, the same as for a first offense. It can also include the following:

  • Fines: The fine for a second offense is between $600 and $3,500; for a third offense, the fine is between $1,100 and $10,000.
  • Jail Time: The mandatory minimum sentence for a second offense is 45 days in jail; for a third offense, the mandatory minimum sentence is 120 days in jail. The maximum sentence for a second or third offense can be up to 11 months and 29 days in jail.
  • License Revocation: The defendant’s driver’s license is revoked for a period of two years for a second offense and six to ten years for a third offense.

Additionally, the penalties might be more severe if the DUI crime had additional factors such as:

  • A high blood alcohol content
  • A minor in the vehicle
  • Causing an accident that resulted in harm or death

How a Franklin DUI Lawyer Can Help You

If you are in Tennessee and have been charged with DUI, a DUI attorney may assist you in several ways. The following are some ways a DUI lawyer might help you:

  • Analyze the case’s persuasiveness: An adept DUI lawyer can examine the evidence against you and assess the strength of the prosecution’s case. They can spot holes in the prosecution’s case and formulate a plan to refute the evidence.
  • Defend your rights: Your DUI lawyer will make sure that your rights are upheld at every stage of the court case. They can ensure that your rights are not violated and that the necessary processes are followed after your arrest.
  • Make plea deals: In some circumstances, a DUI lawyer might be able to work out a plea agreement with the prosecution that results in fewer charges or a more lenient punishment.
  • Provide legal advice: A DUI attorney can assist you in making well-informed judgments about your case. They can also guide you through the legal system, clarify your alternatives, and offer legal counsel.
  • Advocate for you in court: If your case goes to trial, your DUI attorney can represent you in court and fight on your behalf.

Overall, a DUI lawyer may offer crucial legal knowledge, assistance, and direction throughout the whole DUI procedure. Mr. Ofman will work to get the most optimal result for your case and defend your rights.

FAQs About Franklin, TN DUI Laws

How likely is jail time for a first DUI in Tennessee?

In Tennessee, the mandatory minimum sentence for a first DUI offense is 48 hours in jail time.

How many years does a DUI stay on your record in Tennessee?

A DUI conviction in Tennessee stays on a person’s driving record for life. However, there is a look-back period for repeat DUI offenses and this applies for 10 years. This can be a hindrance for any activity that needs a background check. This might affect a person’s ability to receive particular insurance policies or certain housing. It can even limit one’s employment opportunities.

In Tennessee, the lookback period for DUI offenses is ten years. This means that if an individual has a prior DUI conviction within the past ten years, this will be considered a subsequent offense. However, in some DUI cases, this may be extended to 20 years. This can result in more severe penalties. For example, the mandatory minimum jail sentence for a second DUI offense in Tennessee is 45 days. This is compared to the mandatory minimum sentence of 48 hours for a first offense.

Contact A Franklin, TN DUI Attorney Today

If you have been charged with drunk driving or have received a DUI-related charge in Middle Tennessee, you need a fierce, loyal, and experienced DUI attorney to fight for you in the courtroom. Contact the Law Office of Lee Ofman in Franklin, TN to find out how you can protect your record and your future.

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