Nashville DUI Attorney
DUI Defense Representation in Tennessee
If you are facing a drunk driving charge and are concerned about your future, you have come to the right place. While we recognize that you are likely experiencing considerable stress and anxiety, do not panic: The Law Office of Lucas B. Willoughby can provide the aggressive representation you need and deserve during this difficult time.
Our experienced Nashville DUI defense attorney will work tirelessly to help you understand your rights and defense options. We are on hand to answer your questions, walk you through how the legal process will work, and bring you much-needed peace of mind. No matter the circumstances of your DUI charge, you can trust we will leverage the full extent of our skills, knowledge, and resources as we pursue the best possible outcome.
A strong defense starts with the right legal team. Our experienced Nashville DUI lawyer is ready to fight for you. Call (615) 745-3434 now or contact us online for a consultation!
What Is Considered a DUI in TN?
“DUI” stands for “driving under the influence,” which is a criminal offense that is charged when a driver operates a vehicle while intoxicated or under the influence of drugs. There are numerous penalties that can come with a DUI conviction, including hefty fines, mandatory jail time, and the loss of driving privileges.
Impairment is typically determined by blood alcohol concentration (BAC) levels:
- 0.08% or higher for drivers 21 and older
- 0.04% or higher for commercial drivers
- 0.02% or higher for drivers under 21
The vibrant lifestyle and bustling nightlife in Nashville increase the need for responsible driving decisions. Popular areas like Broadway and the District are hubs for both residents and tourists, making awareness of DUI laws even more critical in these locales. Local enforcement is diligent, often increasing patrols during weekends and holidays when DUI occurrences tend to spike. Being informed about these hotspots can help avoid potential legal troubles.
Even if a driver’s BAC is below the legal limit, they can still face DUI charges if law enforcement determines their ability to drive was impaired. A Nashville DUI lawyer evaluates each case to challenge the validity of the stop, testing procedures, and the accuracy of the evidence presented by the prosecution.
What are the Consequences of a DUI Conviction in Tennessee?
The penalties for a DUI conviction in Tennessee depend on factors such as prior offenses, BAC levels, and whether the offense resulted in an accident or injuries.
- First DUI Offense – Up to 11 months and 29 days in jail, fines between $350 and $1,500, a one-year driver’s license suspension, and mandatory DUI education classes.
- Second DUI Offense – Jail time ranging from 45 days to one year, fines between $600 and $3,500, a two-year license suspension, and installation of an ignition interlock device.
- Third DUI Offense – A minimum of 120 days in jail, fines between $1,100 and $10,000, an eight-year license suspension, and increased penalties for repeated offenses.
- Fourth DUI Offense or Subsequent Convictions – Classified as a felony, carrying a mandatory one-year jail sentence, a fine of up to $15,000, and permanent revocation of driving privileges.
What are the Alternative Measures for DUI Offenders?
Tennessee acknowledges the benefits of rehabilitative measures alongside traditional punitive actions for DUI offenders. Programs like alcohol education courses and community service aim to prevent future offenses by addressing root behavioral causes rather than solely imposing penalties. These programs offer individuals the opportunity to reflect on their actions and make positive changes.
There are also ignition interlock device programs that require convicted individuals to prove their sobriety before operating a vehicle. While these measures ensure public safety, they are also designed to instill a sense of personal accountability in offenders. Collaborating with a DUI lawyer in Nashville can make it easier to explore these options and integrate them into a broader defense strategy.
What is the DUI Process in Tennessee?
Navigating a DUI charge can be overwhelming, especially if it’s your first encounter with the legal system. At the Law Office of Lucas B. Willoughby, we believe that knowledge is power. Understanding the DUI process in Tennessee can help alleviate some of the stress and uncertainty you may be feeling.
Here’s a brief overview of what to expect:
- Arrest & Booking: Following a DUI stop, you may be arrested and taken to a local jail for booking. This process typically involves fingerprinting and taking a mugshot.
- Initial Court Appearance: After booking, you will have an initial court appearance where the DUI charges against you will be formally presented. This is your opportunity to enter a plea.
- Pre-Trial Hearings: These hearings allow your Nashville DUI lawyer to negotiate possible plea deals, challenge evidence, or request dismissals of certain charges.
- Trial: If your case goes to trial, our experienced DUI defense lawyers will represent you, presenting evidence and arguments to defend your rights.
- Sentencing: If convicted, the judge will determine your sentence, which may include fines, community service, or even jail time, depending on the severity of the offense.
At our firm, we are committed to guiding you through each step of this process, ensuring you understand your rights and options. Our dedicated team is here to advocate for you and work towards the best possible outcome for your DUI case.
Protect Your Future with Experienced DUI Defense in Nashville
Being arrested for a DUI in Tennessee can have serious consequences, including fines, license suspension, and even jail time. It is crucial to have a knowledgeable and experienced DUI defense attorney on your side to protect your rights and fight for the best possible outcome for your case.
At the Law Office of Lucas B. Willoughby, our team has a proven track record of successfully defending clients facing DUI charges. We understand the complexities of DUI laws in Tennessee and will work tirelessly to build a strong defense strategy tailored to your specific situation.
Benefits of hiring our DUI defense firm include:
- Personalized legal representation
- Thorough investigation of your case
- Negotiation with prosecutors for reduced charges
- Aggressive defense in court
- Compassionate support throughout the legal process
Don't face DUI charges alone. Contact the Law Office of Lucas B. Willoughby today to schedule a consultation with our experienced DUI defense attorney. We are here to help you navigate the legal system and protect your future.
Do not wait to seek legal advice after a DUI arrest. Call (615) 745-3434 or contact us online to schedule a free initial consultation with our Nashville DUI attorney.
Clients We've Helped
Reviews & Testimonials
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“He shows up and fights for you and will hold the prosecution accountable for what they should be doing when they are lacking in their responsibility!”- Toni R.
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“In a system in which you are guilty until you prove your innocence. He is truly an empathetic person and when he said “let me worry about it”.”- Lindasue H.
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“Mr. Willoughby called back in less than 24 hours and set us up a consultation, and took his time listening to our situation and answering questions.”- Trey C.
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“I started searching and I came across Mr. Willoughby and he set up a virtual call and he listened to me and my concerns nothing was a rush he made me feel comfortable like a family, he told me he would get me out this mess and he believed I was innocent al”- Camry V.
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“Need a really good lawyer he is the man for the job. Definitely recommend him.”- Andre T.
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“I hired the Law Office of Lucas B Willoughby to handle a DUI in Rutherford County. He kept me out of jail and kept me from having to put an interlock in my car.”- Ademola A.
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“Hired him to help me with an auto theft charge and he got all the charges dismissed.”- Randy W.
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“He's easily the top choice as a criminal defense attorney.”- Catherine P.
When Can Someone Be Arrested for DUI in Tennessee?
An individual can be charged with DUI if they are observed operating a vehicle while under the influence of drugs or alcohol. A person can also face DUI charges if they are in “actual physical control” of a vehicle, even if they are not actively driving. Generally, this means that an intoxicated person can be charged with DUI if they are discovered in the driver’s seat with the keys in or near the ignition. That is why you should avoid trying to “sleep off” the effects of alcohol or drug consumption in your car. If you must rest in your car to avoid driving while intoxicated, you should place your keys in the backseat or somewhere away from the vicinity of your ignition to reduce the odds of DUI charges.
In Tennessee, you are considered “intoxicated” as an adult if your blood alcohol concentration (BAC) is .08% or higher. You could face enhanced penalties for DUI if your BAC is .20% or higher. Minors and adults under the age of 21 can be charged with DUI if their BAC is .02% or higher, even if they are not drunk.
The state’s DUI laws also cover legal and illegal drugs. You can be charged with DUI if you attempt to operate a vehicle after taking prescribed medications or controlled substances that impair your driving abilities.
Law enforcement will usually make a DUI arrest when they have reasonable cause to believe someone is intoxicated while operating a vehicle. For example, if a police officer sees a car wildly swerving, they may pull the driver over and ask them to submit to chemical testing or field sobriety tests. Chemical testing and field sobriety tests may also be conducted by police after an accident if the driver appears to be intoxicated. If the person suspected of DUI fails these tests or gives law enforcement other behavioral reasons to believe they are unacceptably impaired, an arrest may be made.
Get in touch with our Nashville DUI attorney as soon as possible after an arrest. We can immediately get to work on enforcing your rights and building your defense. Call now - (615) 745-3434
Commonly Asked Questions
Can I Refuse Chemical Testing for DUI in Tennessee?
Field sobriety tests, which assess factors like balance, coordination, and the ability to follow directions, are strictly voluntary. No matter what a law enforcement officer says, you are not required to complete them, though refusing them may lead to other consequences, like the police exploring alternatives for evaluating your level of intoxication. Keep in mind that many field sobriety tests are flawed and not designed to be passed, however, so participating in them is not necessarily in your best interest.
Chemical testing, including breathalyzer tests, is not optional under Tennessee’s implied consent law. If the police suspect you are intoxicated and request chemical testing, you are legally obligated to comply. You do have the option of refusing chemical testing, but doing so triggers immediate, unavoidable penalties, including the revocation of your driver’s license for a first offense without any aggravating factors. You can still be arrested for DUI if you refuse chemical testing based on behavioral and situational factors.
What Are the Penalties for DUI While Driving a Commercial Vehicle in Tennessee?
If a driver is operating a commercial vehicle (such as a truck) when they are charged with DUI, they can face even harsher penalties than other drivers. A commercial driver can be charged with DUI when they have a BAC of .04% or higher, which is significantly less than the threshold for other drivers (0.08%). For a first-time DUI conviction, commercial drivers can face up to 11 months and 29 days of jail time, up to $1,500 in fines, and a license suspension of up to one year, among other consequences.
What Should I Do Immediately After a DUI Arrest?
After a DUI arrest in Nashville, it is crucial to remain calm and polite. Avoid making statements that may implicate you further. Exercise your right to contact an attorney without delay. Retaining a DUI lawyer early in the process ensures that your rights are upheld and that you have a knowledgeable advocate guiding you through the legal proceedings. Immediate legal counsel can also help you understand the implications of any potential plea deals or alternative sentencing options.
Can I Challenge a Breathalyzer Test Result?
Yes, it is possible to challenge a breathalyzer test result. Factors such as the maintenance and calibration of the device, the training of the officer administering the test, and the timing of the test in relation to when you were driving can be examined. A skilled Nashville DUI defense attorney can scrutinize these factors to determine if any procedural errors occurred that could invalidate or call into question the accuracy of the test results. Successfully challenging a breathalyzer result can sometimes lead to reduced penalties or even dismissal of charges.
What Are the Long-Term Consequences of a DUI Conviction?
A DUI conviction in Tennessee can have far-reaching impacts, including increased insurance premiums, damage to your personal and professional reputation, and potential employment restrictions. Some professions, particularly those requiring a commercial driver’s license or federal security clearance, may be adversely affected. Understanding these long-term implications is vital for making informed decisions about your defense. An experienced DUI defense lawyer in Nashville can help mitigate these effects through strategic legal representation and advice.
How Does a DUI Affect My Insurance?
A DUI conviction can lead to significantly higher auto insurance rates due to increased risk assessments by insurance companies. It may also limit your options when choosing insurance providers. However, there are ways to minimize these effects, such as opting for a high-deductible policy or engaging in DUI prevention programs that some insurers recognize. Consulting with a DUI lawyer can help you understand these impacts and explore strategies to manage your insurance costs effectively post-conviction.
Is an Out-of-State DUI Recognized in Tennessee?
Tennessee participates in the interstate Driver’s License Compact, which means that DUI convictions in other states can affect your driving privileges in Tennessee. This reciprocity can lead to penalties such as points on your driving record or suspension of your Tennessee driver’s license. If you have received a DUI out of state, it is crucial to consult with a Nashville-based DUI defense lawyer who understands how these laws interact and can provide appropriate guidance on managing dual-state legal implications.
How Can a DUI Attorney Help Me?
When you have been charged with DUI, it is always in your best interest to retain the services of a seasoned legal professional. Our Nashville DUI lawyer can help you fight the charges and protect your interests in and out of the courtroom. Depending on the circumstances, we may be able to get the charges dropped or dismissed. In other scenarios, we can also help seek reduced penalties.
When you choose the Law Office of Lucas B. Willoughby to represent you in your DUI case, we will make every effort to:
- Explain your rights
- Help you understand the DUI charges
- Help you understand the penalties you may be facing
- Help you understand your defense options
- Help you understand and navigate the legal process
- Negotiate with the prosecution
- Favorably resolve your case
A DUI conviction can have lasting effects on your life and future career prospects, so do not hesitate to contact us online or call (615) 745-3434 if you are facing these charges.