Chattanooga DUI Attorneys
Experienced DUI Defense Attorneys in Hamilton County
Drunk driving or driving under the influence (DUI) charges do not discriminate. They happen to people of all ages from all walks of life, and for many, this may be their first contact with the criminal justice system. While it can feel overwhelming to be charged with a crime, it is essential to understand that you are not alone. Having a skilled DUI attorney in your corner can provide you with the best chance of minimizing the potentially harsh consequences that can come with a DUI conviction in Chattanooga.
At the Law Offices of Meredith Mochel, we are dedicated to protecting the rights of people who have been charged with drunk driving in Tennessee or Georgia. We are prepared to help you build a strong defense against these charges.
Facing charges for drunk driving in Tennessee? Call our Chattanooga DUI lawyer at (423) 250-1499 to schedule a free consultation and get the defense you need today.
Understanding DUI Offenses in Tennessee
In T.C.A. 55-10-401, Tennessee describes the crime of DUI as follows:
It is unlawful for any person to drive or to be in physical control of any automobile or other motor-driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that are generally frequented by the public at large, while:
- Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, or substance affecting the central nervous system, or combination thereof that impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess;
- The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (0.08%) or more; or
- With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle.
The state of Tennessee takes DUI offenses seriously due to the potential risk they pose to public safety. It's crucial to consult with a DUI attorney who understands the intricacies of local DUI laws and the serious implications that a conviction can carry, such as long-term impacts on your personal and professional life.
Key DUI/DWI Laws in Tennessee
In Tennessee, it is considered driving under the influence (DUI) if a person is driving or in physical control of a vehicle while:
- Their blood alcohol concentration (BAC) is 0.08% or higher, or
- They are under the influence of alcohol, any other intoxicant, or a combination of alcohol and any other intoxicant to the extent that the person's normal faculties are impaired.
A person can also be charged with DUI if they are under the influence of a controlled substance, or if they refuse to submit to a chemical test to determine their BAC. It's important to note that it is illegal to drive with a BAC of 0.08% or higher in Tennessee, regardless of whether the person's driving is impaired. This is known as "per se" DUI.
DUI laws in Tennessee are designed to deter impaired driving and safeguard individuals on the road. Repeat offenders and those with particularly high BAC levels may face harsher penalties. It's important to familiarize oneself with these nuances to fully understand the potential consequences of a DUI charge in Tennessee.
Potential Penalties for DUI Offenses
- Jail time
- Loss of your driver’s license
- Increased insurance premiums
- Steep fines
DUI penalties for first-time and multiple offenses can be found here.
These penalties can affect various aspects of your life, from your ability to commute to work or school to the financial burden they impose. It's paramount to act quickly and seek appropriate legal assistance to manage these consequences effectively and work towards an optimal resolution.
Examples of Enhanced DUI Penalties in Tennessee
DUI enhancement or enhanced DUI charges refer to the types of penalties that intoxicated drivers may face if their actions result in a particularly catastrophic event. For example, in Tennessee there are more severe penalties for the following:
- Vehicular Assault - T.C.A. 39-13-106 creates the crime of vehicular assault for recklessly injuring another while impaired by the operation of a motor vehicle. It is a D felony with a mandatory minimum jail sentence of 48 hours for a first offense. Prior DUI offenses increase the jail time on the same scale of mandatory minimums for DUI convictions.
- Vehicular Homicide - T.C.A. 39-13-213 defines the crime of vehicular homicide by impairment as the reckless killing of another by operation of a motor vehicle as a proximate result of the driver’s intoxication. The offense is a B felony carrying a range of 8 to 12 years as a penalty.
- Aggravated Vehicular Homicide - If you kill another person while driving drunk and have at least two prior DUI convictions, you may face 15-60 years in prison and a fine of up to $50,000
- DUIs with Minors - If you receive a DUI charge while driving with a minor (someone under 18) in the car, you may also receive enhanced DUI penalties
Understanding the implications of enhanced penalties is crucial, as these can significantly escalate the severity of a DUI charge. Legal guidance is vital in navigating these complexities and ensuring every possible measure is taken to minimize potential impacts.
Understanding the Implied Consent Law in Tennessee
Many states, including Tennessee, operate under an “implied consent” law. This law assumes that all drivers on Tennessee roadways agree to submit to a breath test if they are ever arrested for DUI. There is one caveat to this law: the arresting officer must have had probable cause to pull you over and request that you take the test. Violation of the implied consent law occurs when a driver refuses to take a lawfully-requested breath test. The penalty for refusing to take a lawfully-requested breath test is suspension or restriction of your driver’s license for a year or more.
Refusal to comply with the implied consent law can have serious legal ramifications. In addition to license suspension, one might face other legal challenges and increased scrutiny by law enforcement. Engaging with a knowledgeable attorney can provide clarity and assistance in these instances.
Obtaining a Restricted Driver’s License
In Tennessee, you can get a restricted driver’s license after a DUI conviction, provided you had a valid driver's license. TCA 55-10-409 allows the Court to order a restricted license. Typically for an alcohol DUI over the legal limit, the restricted license will include an ignition interlock. A court may order geographic restrictions even with an interlock device installed.
In practice, this Order is prepared for you by our attorneys and presented to the judge at the time of a plea or conviction so that there will be no gap in your ability to drive. If this becomes necessary, we will guide you through all requirements so you are prepared to get a restricted license as easily as possible.
Restricted licenses serve as a critical opportunity for individuals to retain some level of normalcy after a DUI conviction. They enable offenders to fulfill essential duties, such as employment and caregiving, while adhering to legal constraints. Discussing options with legal counsel is advisable to ensure a smooth transition to restricted driving privileges.
What Happens After a DUI Charge in Tennessee?
With so much at stake, these charges need to be taken seriously. Defenses are available, even if your BAC was measured as being over the legal limit to drive. Machines are prone to both mechanical and human error. The police may not have even had the right to make a traffic stop in the first place. You can rest assured that our DUI attorneys will challenge the evidence against you at every turn while fighting to protect your freedom and your driving privileges.
Each DUI and DWI case offers unique challenges and potential defenses. It’s crucial to evaluate all aspects meticulously, from the legality of a traffic stop to the procedures followed during sobriety testing. An informed and aggressive legal strategy can make a significant difference in the outcome, emphasizing the importance of experienced legal representation.
Understanding "Physical Control" Implications in DUIs
Oftentimes, drivers who have consumed alcohol before driving stop driving and pull off to the side of the road or into a parking lot to sleep or wait to feel better to drive. If keys are left within the driver’s reach or in the ignition, chances are the driver is in physical control and can thus be found guilty of DUI. Sometimes this choice to remove oneself from the roadway is an admirable choice that can be beneficial in negotiations. Also, an experienced DUI lawyer will look at WHERE the defendant parked when he stopped driving. If it is a place not frequented by the public, that can be a favorable argument against a DUI conviction.
Utilizing safe practices such as parking safely and avoiding entering or starting a vehicle when intoxicated can prevent potential charges. Legal defenses may hinge on the specifics of your situation, including intent and actions taken to minimize public risk. Consulting an attorney early can help in crafting the most effective argument in your defense.
Strategies to Dismiss a DUI Charge
Just because you have been charged with DUI and the prosecutors claim to have evidence supporting the charges, that doesn’t mean that you can’t still challenge the DUI evidence. There are a number of reasons why you could challenge a DUI charge:
- If you believe that the arresting officer did not have reasonable cause to stop you and ask you to take a breath test, you may be able to have the charges dismissed due to unlawful arrest.
- You may be able to challenge the results of the breathalyzer test if you believe that it wrongfully indicated that you were intoxicated.
- If you believe that the arresting officer did not inform you of the consequences of refusing a breath test, you may also have grounds to have the charges dismissed.
Challenging a DUI often involves a detailed analysis of law enforcement procedures and the technological calibration of testing devices. Analyzing the competence of field sobriety tests and ensuring that legal mandates were adhered to can lead to a dismissal or reduction of charges. Professional guidance is essential in navigating these complexities.
If you believe that you may have grounds for dismissal of a DUI, reach out to Attorney Meredith Mochel today to discuss your situation in a free criminal defense consultation.
Frequently Asked Questions About DUI & DWI in Chattanooga
What Role Does Local Weather Play in DUI Stops?
The local weather in Chattanooga can impact DUI stops, especially during inclement conditions. Rainy or foggy weather can affect driving patterns, influencing law enforcement’s perception of impairment. During these times, officers might have heightened vigilance for erratic driving. For instance, sudden lane changes or failure to adhere to traffic signals could be ascribed to adverse weather, yet also raise suspicions of impaired driving.
Therefore, being aware of weather conditions and driving accordingly is crucial. Additionally, drivers should ensure their vehicles are equipped for such conditions, with appropriate tire treads and functional wipers/lights, to minimize any misinterpretation of impaired driving. Understanding these nuances can help drivers adhere to safety protocols and potentially avoid unnecessary stops.
How Does Alcohol Affect Driving Skills in Different Ways?
Alcohol consumption impacts various essential driving skills, posing substantial risks on the road. Reaction time is significantly reduced; decisions that would typically be made instantly take longer, increasing the likelihood of accidents. Also, alcohol impairs coordination and balance, leading to challenges in physically maneuvering a vehicle safely. Vision becomes blurred, leading to difficulty judging distances and identifying objects or signage, critical elements for safe driving.
Lastly, alcohol affects judgment, impairing a driver's ability to recognize risky situations and leading to overconfidence, which can manifest in reckless driving behavior. Understanding these impacts underscores the importance of adhering to DUI laws and ensuring safe driving practices, protecting both the driver and other road users.
Are Field Sobriety Tests Foolproof?
Field sobriety tests are common tools used by law enforcement to assess a driver’s level of impairment. However, these tests are not foolproof and can sometimes result in false conclusions. Factors such as a person’s physical condition, age, or nervousness can influence performance, unrelated to alcohol consumption. Environmental conditions, like uneven pavement or poor lighting, may also affect results.
It's essential to understand that failing one of these tests does not automatically equate to intoxication. A DUI lawyer can scrutinize the validity of these tests in the context of each unique situation and potentially challenge the application of the tests in court. Therefore, while these tests are indicative tools, they require proper interpretation.
What to Expect After a DUI Charge in Chattanooga?
Following a DUI charge in Chattanooga, the legal process initiates with an arraignment, where the accused will enter their plea. This marks the beginning of the DUI court proceedings. If the plea is not guilty, a pre-trial process ensues, involving evidence examination and possible plea negotiations. Depending on the complexity, your lawyer might advise further investigations or gathering additional evidence to bolster your defense.
A trial may occur if no agreement is reached, where each side presents its evidence. Understanding each step and maintaining open communication with your DUI attorney can provide clarity and help navigate the complexities of the legal system, aiming for a favorable outcome.
Can You Refuse a Breathalyzer Test in Tennessee?
In Tennessee, while you technically have the right to refuse a breathalyzer test, doing so can result in severe consequences. This refusal is interpreted under the state’s implied consent laws as admission to some level of intoxication, leading to immediate penalties such as license suspension. Understanding that different legal ramifications come with refusal is crucial. The decision to refuse should be informed by the potential for these additional penalties.
Consulting with legal counsel immediately after an arrest can provide guidance on managing the consequences and exploring defense options available based on the specific circumstances of your arrest. Knowledge of these laws is paramount in making informed decisions during DUI stops.
If you believe that your rights were in some way violated when you were arrested for DUI, you can call (423) 250-1499 today to speak with our DUI attorneys in Chattanooga.
DUI Training & Organizations:
- DUIDLA - DUI Defense Lawyers Association
- NCDD - National College of DUI Defense
- SFST Training (standardized field sobriety training) - a 40-hour course officers must take to get certified in administering field sobriety training
- ARIDE (Advanced Roadside Impairment Driving Enforcement) - an advanced law enforcement course on the detection of drug impairment
Practicing in East Tennessee & North Georgia Counties
Tennessee Counties:
- Hamilton County
- Marion County
- Bradley County
- McMinn County
- Franklin County
Georgia Counties:
- Catoosa County
- Walker County
- Whitfield County
- Dade County
- Gordon County
If you've been arrested for DUI, don't face your charges alone. Turn to our Chattanooga DUI lawyer for defense by contacting us today.
Contact Our NHTSA Certified Attorney
Our attorney is certified by the National Highway Traffic & Safety Administration (NHSTA) in the administration of standardized field sobriety tests. This training provides us with additional insight into ensuring that your defense is as thorough as possible. To learn more, call our law offices in Chattanooga. You may also contact us online.
