Frequently Asked Questions

I've been arrested, now what?

Click here for a summary of the typical steps in the Tennessee criminal justice system from the time the defendant is arrested through his or her trial in criminal court.

 

I've been charged with a DUI. What are my options?

You have two choices: plead guilty or plead not guilty.

 

Why should I plead not guilty?

If you plead guilty, you have a 100% chance of being found guilty. If you are found guilty you will be subjected to the penalties as well as the other serious consequences. Pleading not guilty often results in a much better result than pleading guilty. With the assistance of an experienced Tennessee DUI lawyer, the client is provided with an opportunity to conduct a thorough investigation of all the facts and ultimately either have a preliminary hearing, trial, or resolution of the case by plea agreement.

 

Should I plead guilty?

By pleading guilty, you are giving up any chance of obtaining a “not guilty” verdict or reaching a mutually satisfactory agreement to plead to a lesser offense. However, should you plead guilty, the court will first ask you if you agree to waive your important constitutional rights to a jury trial, an appeal, to not incriminate yourself, and other rights. The judge will then sentence you to jail for somewhere between the minimum and maximum sentence.

 

What kind of a sentence could I receive?

The specific penalties to which the judge sentences you will vary based upon the offense(s) to which you plead guilty, the county you are in, and even the judge who hears your case. DUI convictions require, at a minimum, some time in jail, an alcohol safety program, a substantial fine, and probation. For more details, review the DUI Penalties page.

 

What is the legal definition of “Driving Under the Influence?”

The State of Tennessee can convict one of DUI by proving beyond a reasonable doubt that the person was:

1. driving or in physical control of

2. any automobile or other motor driven vehicle

3. on any public road, highway, street, alley, parking lot, or any other premises frequented by the public at large, while

4. a.) under the influence of any intoxicant (alcohol or drugs),or

b.) with a blood or breath alcohol concentration of .08% or greater.

 

I was also charged with Implied Consent. What is this?

Click here for a complete discussion of the Tennessee Implied Consent law.

 

Am I required to take a field sobriety test?

NO. Tennessee law does not require you to perform field sobriety tests at the request of an officer. The officer, however, is under no obligation to inform you that such tests are voluntary. Click here for more information on field sobriety tests.

 

Could I have selected a blood test rather than a breath test?

No. In Tennessee, the officer has the choice of which chemical test to administer (blood, breath or urine test).

 

Do I have a legal right to refuse a breath or blood test?

Yes, in certain instances. Any person who drives a motor vehicle in Tennessee is deemed, by statute, to have given consent to a chemical test to determine drug or alcohol content of the motorist's blood. State law also provides that a motorist can refuse to submit to a chemical test. However, as a result of refusal, the motorist could be subject to license suspension, and in some instances, criminal prosecution.

 

Do I have a right to consult with a drunk driving attorney prior to taking a chemical test?

No. In Tennessee, a driver does not have a right to speak with a Tennessee DUI attorney before making the decision of whether or not to submit to a chemical test.

 

Do I have the right to obtain my own blood alcohol test?

Yes. In Tennessee, a person who is given a chemical test is entitled to obtain an additional sample of blood or urine. The sample may be obtained by any medical laboratory of the person's choice and at his or her expense. However, an officer is not required to inform a person of their right to an independent test, nor is the officer obligated to assist a person in procuring the blood sample by transporting them to a hospital.

 

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