Nashville DUI Lawyer

Nashville DUI Attorney

In Tennessee, driving under the influence of drugs and alcohol is called a DUI. A DUI is an extremely serious offense that can have a long-term negative impact on your life, such as jail time, high fines, and license suspension.

By Tennessee law, a DUI offense will always be on your record. It can also reduce your credibility and harm your social and professional relationships. If you are arrested for a DUI in Nashville, TN, you should contact a lawyer right away. A DUI lawyer can help you understand what comes next and fight for the ideal outcome in your case. The Law Office of Lee Ofman is an experienced Nashville DUI law firm. Our attorney can fight for you and your future.

What Is a DUI?

The term DUI is an acronym that stands for “driving under the influence” of alcohol or drugs. In Tennessee, the legal limit for blood alcohol content (BAC) while behind the wheel is 0.08% or higher. It is also illegal to drive under the influence of legally prescribed medication that impacts your reaction times and ability to focus. Any substance that affects your central nervous system can impair your driving. This may cause you to harm another person and land you in jail.

Types of DUI Offenses in Nashville, TN

There are different types of DUI offenses in Tennessee, and their punishments are based on factors like age, BAC, and whether the impaired driver hurt another person. All DUI offenses will stay on a person’s record for life.

• DUI (Driving Under the Influence): The most common offense is a standard DUI. An officer can pull you over if they have reason to suspect that you are driving while under the influence of drugs or alcohol.
• Child Endangerment: This is a DUI with a passenger under 18 years old.
• Vehicular Assault: While driving under the influence of drugs or alcohol, a driver seriously harms another person.
• Vehicular Homicide: A motorist causes the death of another person because they were impaired while driving under the influence of alcohol or drugs.

What Should You Do After a DUI Offense in Nashville, TN?

If you are arrested for a DUI in Nashville, Tennessee, you should immediately contact a DUI attorney. No matter what type of DUI charge you are facing, a DUI lawyer can help protect your rights and guide you through the process. A DUI attorney can review all the evidence that is being used against you and work on constructing a legal defense tailored to your unique needs. Your lawyer can help fight the charges against you and minimize your punishment through actions like challenging aspects of the case, filing motions to suppress unlawfully obtained evidence, or calling expert witnesses. If you choose the Law Office of Lee Ofman as your DUI defense, you can have an attorney with proven positive results as a Nashville criminal defense lawyer who can do everything he can to fight for you.

In addition to hiring a DUI lawyer to defend you, it is important that you actively avoid another DUI in the future. Getting a DUI after one or more previous offenses results in more serious punishments and further jeopardizes your safety and that of others. Avoiding alcohol and drugs before driving is always the safest way to avoid a DUI. If you need to get somewhere while you are under the influence of drugs and alcohol, reach out to a sober person for help instead of getting behind the wheel.

What Happens After a DUI Offense in Nashville, TN?

After a person is arrested for a DUI, they will be informed of the date of their DUI hearing, also called an arraignment. An arraignment is a court hearing where the defendant will be made aware of the specific charges being filed against them. The defendant will plead guilty or not guilty. If the defendant pleads guilty, they are accepting the charges against them. If the defendant pleads not guilty, their DUI attorney can work on building a defense.

If the charge is a misdemeanor, and it is not settled at the arraignment, it will proceed to a general sessions court, in which the defendant will again have the opportunity to settle with a plea agreement, preliminary hearing, or trial without a jury. If the case is not settled at this stage, it will move to a grand jury.

The grand jury will examine the evidence at hand and determine if the case will go to trial in criminal court. If so, the grand jury will present a formal document called an indictment, which details all the criminal charges against the defendant as well as the time and date of the trial.

If the case moves to trial, it is crucial to have a DUI lawyer working to defend and help you as you challenge the charges in court. Your DUI attorney may also work to negotiate with the prosecution for reduced charges. If the trial results in a DUI conviction, the defendant will be punished.

DUI Sentencing in Nashville, TN

The punishments for a DUI in Nashville, Tennessee, vary based on factors like the BAC, whether the defendant hurt other people, and the defendant’s previous record. In addition, DUI offenders will have to pay fees for reinstating a driver’s license. Your DUI lawyer can review your specific case and help you understand the potential consequences. Possible punishments for a DUI offense include the following:

• First-Time DUI Offender
  • Fines: The fine for a first-time DUI offender in Nashville, TN, will be between $350 and $1,500. The offender will also be ordered to install an Ignition Interlock Device at their own expense, with minimum first-year costs exceeding $1,000. If the offender caused any personal injury or loss, they will pay restitution.
  • Jail Time: If the first-time DUI offender had a BAC of 0.2% or higher, they will face a minimum jail time of 7 consecutive days.
  • License Revocation: A first-time DUI offender can have their license revoked for 1 year.
  • Treatment Program: After the first DUI offense, the offender will be ordered to participate in an alcohol and drug treatment program.
• Second-Time DUI Offender
  • Fines: After their second DUI, the offender will pay between $600 and $3,500, in addition to paying for an Ignition Interlock Device. If the offender caused any personal injury or loss, they will pay restitution.
  • Jail Time: A second-time DUI offender will spend between 45 days and 11 months, 29 days in jail.
  • License Revocation: After a second offense, the driver will have their license revoked for no less than 2 years. The offender will also be subject to vehicle seizure.
  • Treatment Program: A second-time DUI offender will be required to enter into an alcohol and drug treatment program.
• Third-Time DUI Offender
  • Fines: After a third DUI, the offender will pay between $1,100 and $10,000, in addition to paying for an Ignition Interlock Device. They will pay restitution for any injury or loss caused to another person.
  • Jail Time: A third-time DUI offender will spend between 120 days and 11 months, 29 days in jail.
  • License Revocation: After their third DUI, an offender will have their license revoked for no less than 6 years. They will also be subject to vehicle seizure.
  • Treatment Program: A third-time DUI offender will be forced to attend an alcohol and drug treatment program.
• Fourth and Subsequent DUI Offense
  • Fines: Fines for a fourth or subsequent DUI offense range from $3000 to $15,000.
  • Jail Time: A fourth or subsequent DUI offense is a Class E felony. The offender is subject to 1 year in jail with a minimum of 150 consecutive days served.
  • License Revocation: After four or more DUIs, the offender will have their license revoked for no less than 8 years. They will also be subject to vehicle seizure.
  • Treatment Program: Once an offender has committed their fourth or subsequent DUI, they will face mandatory participation in an alcohol and drug treatment program.
• DUI Offenders Under the Age of 21
  • Fines: If the driver is between the ages of 16-20 and driving under the influence, they will face a fine of $250.
  • License Suspension: The length of license suspension will depend on the offender’s age.
• Child Endangerment
  • Jail Time: A DUI with a passenger under 18 years old can lead to 2 to 12 years in jail if the child suffers a serious injury. If a child’s death is involved, the offender can face 8 to 30 years in jail.
  • Other Penalties, like the length of an offender’s license revocation, will depend on factors like their personal record and the presence of any extenuating circumstances.
• Vehicular Assault
  • Fines: Fines for a vehicular assault will vary, but they may be up to $5,000, not including restitution and court costs.
  • Jail Time: A vehicular assault is a Class D felony, and the jail time will vary based on the situation. However, offenders will usually face between 2 and 12 years in prison.
  • License Revocation: License revocation will be between 1 and 5 years.
• Vehicular Homicide
  • Fines: Fines for vehicular homicide will vary but can be up to $25,0000.
  • Jail Time: A vehicular homicide is a Class B felony, and the jail time will vary based on the situation. However, offenders can face up to 30 years in prison.
  • License Revocation: The driver will face license revocation for 3 to 10 years.

FAQs About Nashville, TN DUI Laws

What Is Considered a DUI in Tennessee?

A DUI is driving under the influence of drugs and alcohol. The legal limit for blood alcohol content (BAC) while behind the wheel in Tennessee is 0.08%. DUI offenses include 

• Driving with a BAC above 0.08%
• Driving under the influence of a substance while having a person under the age of 18 in the car
• Hurting a person while driving under the influence
• Killing someone while under the influence

The punishments for each of these offenses can vary depending on the circumstances of the crime.

How Long Does a DUI in Tennessee Stay on Your Record?

A DUI in Tennessee stays on your record forever, regardless of the type of offense. It is, therefore, always safest to avoid alcohol and drugs before getting behind the wheel. Hiring a DUI lawyer can help you reduce your penalties and possibly get your charges dropped. It is also important to avoid another DUI after the first one, as the more DUIs there are on a person’s record, the more intense the punishments for them will be.

How Do I Get Out of a DUI Conviction in Tennessee?

As soon as you get a DUI offense in Tennessee, you should contact a DUI lawyer. A DUI lawyer can review all the evidence of your case. They can then use their knowledge of Tennessee law to build the most effective and persuasive defense for your situation. Your attorney can negotiate with the prosecution to reduce or eliminate your charges, depending on the facts and evidence. If the case proceeds to court, they can work to defend you and fight for the greatest available outcome.

How Much Is a Drunk Driving Fine in Tennessee?

The cost of a DUI in Tennessee varies depending on factors like the offender’s previous record and their BAC.

• Fines for a first-time DUI offense range from $350 to $1,500.
• A second DUI offense can result in finches from $600 and $3,500
• A third-time DUI offense can lead to $1,100 and $10,000 in fines.
• After a fourth or subsequent DUI offense, an offender must pay $3000 to $15,000 in fines.

Drivers will also have to pay for the costs of an Ignition Interlock Device and restitution for harm caused to other individuals.

Drunk Driving Defense in Nashville, TN

If you have been charged with a DUI in Nashville, TN, you should immediately contact a knowledgeable lawyer who can fiercely fight for you in the courtroom. Regardless of the DUI offense, when you choose the Law Office of Lee Ofman for your DUI defense, you are choosing a lawyer who can fight to protect your future. Our firm can review the specific details of your unique situation, guide you through the process, and work hard to get your charges reduced or dropped. Contact the Law Office of Lee Ofman in Nashville, TN, today to receive the protection, support, and guidance you need.