A DUI in Tennessee or any other state is a felony. It can have a negative impact on your job, your family, and your driving privilege. Hiring an experienced DUI attorney will have a huge impact on how your DUI is resolved. An experienced DUI attorney who has several years of DUI and criminal defense experience in the state where you have been charged should handle your DUI case with aggressive skill while ensuring that your rights are respected.
1) What is a DUI?
In Tennessee and most other states, a person cannot drive or be in control of a vehicle if the blood alcohol content is 0.08 or higher. It takes very little to reach a blood alcohol level in violation of the law.
Depending on the jurisdiction, this criminal offense may also be referred to as driving while intoxicated (DWI), driving while intoxicated (also DWI), operating a motor vehicle while intoxicated (OWI), or operating
a motor vehicle while intoxicated (OMVI).
DUI charges are generally based on a person’s BAC or blood alcohol concentration and can be determined by administering a breath, blood, or urine test (usually done if drugs are suspected).
2) Should I take a breath test?
If you have not consumed alcohol, the test will show that you have not exceeded state limits. If you’re wondering how much alcohol you’ve consumed, the breath test may be disappointing. Due to the precision of the machines, they are presumed to be accurate and a BAC of .08 will get you arrested. You can choose not to blow. Understand that failure to take the breath test requested by an officer with probable cause may suspend your license for a period of one year.
DRUNK DRIVING IS A MISDEMEANOR.
Maybe 20 or 30 years ago DUI charges were misdemeanors. Many veteran attorneys remember the days when drunk driving charges only carried a slap on the wrist and $50.00 to $150.00 fines, with no loss of driving privileges. In fact, it was a simple walk to the courthouse, paying a small fine and letting the judge reprimand you for a while. However, those days are long gone!
Now, with stricter DUI laws, you need an attorney who will represent your interests to the fullest extent of the law. A drunk driving charge could cost you your ability to drive, not to mention land you in jail. So the answer is that drunk driving charges are very serious charges and should not be taken lightly.
What can happen if they stop you
This is a likely scenario if you are pulled over and have been drinking:
As the officer approaches the car, he or she will likely ask for your license and registration and then ask “Have you been drinking tonight?”
Police officers may ask you to get out of your vehicle and take one of several field sobriety tests or FSTs. These are quick exercises for you, the driver, intended to indicate if you are indeed intoxicated. This can include simple tasks like tilting their head back and touching their nose, reciting the alphabet, or following a pen with their eyes. All of these examples are very difficult to perform while drunk, making them one of the favorite tools of police officers.
If an FST is not performed, the officer(s) will likely perform a chemical test, which can more accurately indicate sobriety or lack of sobriety. A breathalyzer may be used at the initial traffic stop, or you may be taken back to the station for a blood or urine test.
THE WORST THING YOU CAN DO IS WHAT TOO MANY PEOPLE DO: DELAY OR DO NOTHING!
Too many people have told me that they wish they had acted sooner before important evidence was lost that could have proved fatal in their case. I have come across many people who decided not to hire an experienced DUI attorney for one reason or another. However, only to find yourself years later wishing you had received some good advice. It’s unfortunate but TRUE!
Please don’t let this happen to you. If you find yourself in a situation where you don’t know what to do and can’t seem to figure things out, then that’s all the more reason to call an experienced DUI attorney who understands you have many questions and concerns. in his mind because having a DUI on his permanent criminal record will ultimately affect his life one way or another. However, doing nothing at all will not change your situation.