Frequently Asked Questions (cont.)

I don't recall the officer ever reading me my Miranda rights. Can this influence the outcome of my legal defense?

Possibly. An officer's obligation to read Miranda rights is triggered by an arrest or once one is placed in custody (not free to leave). If you have responded to an officer's questions or have otherwise been interrogated when under arrest or in custody, absent Miranda warnings, your Tennessee DUI lawyer may succeed in keeping your answers out of evidence in court (suppressing your statements).

You should contact an experienced DUI attorney in Knoxville, TN or the jurisdiction of your arrest to thoroughly investigate your case and determine if the officer's failure to read you Miranda rights may impact your case.

 

Could my DUI charge be reduced to DWI?

No. Tennessee's DWI law for persons 21 years of age or older no longer exists.

 

Can a DUI be a felony?

 Yes. In Tennessee, a 4th or subsequent offense is considered a Class E Felony.

 

May I drive while my DUI case is pending?

Yes. As long as you possess a valid driver's license, you may drive in Tennessee while your DUI case is pending. Your privilege to drive is only revoked after conviction. Similarly, you may drive if you have an Implied Consent charge pending. Your license is affected only after a court holds that you have violated the Implied Consent law.

 

Will a DUI conviction raise my insurance rates?

Yes -- quite dramatically. Your automobile insurance rates can increase 3 to 5 times for a period of up to five years. In addition, you might have to conduct a search for another insurance company, as your current carrier may drop your coverage as a result of a conviction.

 

Will there be a permanent record of my DUI conviction?

Yes. Anyone, including credit agencies and employers, who checks your criminal record will find a record of your DUI conviction. The conviction is permanent and will remain on your criminal record forever.

 

Can my DUI arrest be erased from my record?

In Tennessee, a DUI can only be erased or expunged if it has been dismissed. If you are convicted, the DUI charge will remain on your criminal record forever. Also note that if your DUI is reduced to a lesser charge, your criminal history will reflect that you were originally arrested for DUI, but that the charge was reduced.

Additionally, several specific procedural steps must be taken to have a charge expunged from your record. If you qualify for expungement (i.e. your DUI was dismissed), you should contact an experienced Tennessee DUI attorney to assist you.

 

What effect does a DUI conviction have on my Commercial Driver's License?

Upon conviction for a first offense DUI, your CDL is suspended for one year. After a second conviction for DUI, your CDL is lost for life.

 

I have a Commercial Driver's License, am I eligible for a restricted license?

No. In Tennessee, you cannot obtain a restricted license even if the underlying offense (i.e. DUI or Implied Consent Violation) was committed in a non-Commercial Motor Vehicle.

 

How much do private drunk driving  lawyers in Knoxville, TN charge?

Different attorneys will charge varying amounts, but their fees usually reflect their level of expertise, time, and energy each spends on the client's behalf.  Fees for DUI lawyers in Tennessee may also vary by jurisdiction (the county where you were arrested).

 

How much are Steve Oberman's fees?

Steve Oberman charges either a flat rate fee or an hourly rate fee for representing you. This ensures that Steve Oberman will be able to spend whatever time is necessary to attempt to achieve your goals. Further details are noted in the Hiring Mr. Oberman section of this site.

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