Chattanooga Felony DUI Lawyer
Aggressive Defense Against Felony DUI Charges in Tennessee
Felony DUIs are serious matters with significantly high stakes. As a result, you must put an experienced and hardworking lawyer in your defense. Our firm is dedicated to your fight and will keep you informed and reassured every step of the way.
We will help you navigate an overwhelming criminal justice system and provide the genuine and caring advocacy you need in the face of your felony DUI charges.
Are you facing a felony DUI charge in Tennessee? Call the Law Offices of Meredith Mochel today at (423) 250-1499 or contact us online to schedule a meeting with our felony DUI lawyer in Chattanooga!
What Constitutes a Felony DUI in Tennessee?
Being charged with a felony DUI in Tennessee is a serious offense that can have long-lasting consequences. Felony DUI charges typically result from factors such as:
- Multiple DUI convictions,
- DUI with serious bodily injury,
- DUI resulting in death, or
- DUI with a Child Passenger.
It is important to understand the specific laws and penalties associated with felony DUI in Tennessee. Our experienced Chattanooga DUI defense team can provide aggressive representation to help you navigate the legal process and fight for the best possible outcome. We are dedicated to protecting your rights and advocating for your interests throughout the legal proceedings.
If you are facing felony DUI charges in Tennessee, do not hesitate to request a consultation. Our team of skilled attorneys is here to help you understand your options and work toward a favorable resolution for your case.
What is Vehicular Assault?
One type of felony DUI is vehicular assault, a Class D felony. TN Code § 39-13-106 (2015) defines vehicular assault as an incident when someone recklessly causes serious bodily injury to another person by operating a motor vehicle. This recklessness could be due to intoxication by alcohol or drugs, or both.
The penalties for vehicular assault include:
- 2-12 years in jail;
- license revocation for 1-5 years (depending on the number of priors);
- fines; and
- court costs.
If the defendant has one prior conviction for an alcohol-related offense, they will face a 45-day mandatory minimum sentence in jail (increased from the standard 48 hours for a first offense). Those with two priors will face a mandatory minimum of 120 days, and those with three will face a minimum of 150 days.
Note that the defendant will be charged with aggravated vehicular assault if they have two prior DUI-related convictions or one prior DUI conviction (within 20 years) that involved a blood alcohol content (BAC) of .20% or more.
What Constitutes Vehicular Homicide?
Another type of felony DUI is vehicular homicide, which involves the reckless killing of another person by the operation of a motor vehicle while the driver:
- creates a substantial risk of death or serious bodily injury to a person (Class C felony);
- is intoxicated by alcohol or drugs or both (Class B felony);
- is engaging in prohibited drag racing (Class C felony); or
- drove into a posted construction zone where the person killed was an employee of the Department of Transportation or a highway construction worker (Class D felony).
As with vehicular assault, the penalties for vehicular homicide will depend on the defendant's prior convictions. If they have one prior conviction for an alcohol-related offense, they will face a mandatory minimum prison sentence of 45 days, increased from the standard 48 hours.
If they have two priors for an alcohol-related offense, the mandatory minimum will rise to 120 days. Lastly, if the defendant has three or more priors, they will incur a mandatory minimum of 150 days.
In addition to jail time, the court may prohibit a defendant from driving in Tennessee for 3-10 years.
Note that an offense will be charged as aggravated vehicular homicide by intoxication if the defendant has two prior convictions within 20 years or one prior DUI conviction that involved a BAC of .20 or more.
Start your defense with our felony DUI attorney in Chattanooga! Call now (423) 250-1499 or reach out online to schedule a consultation.
What is The Impact of DUI Convictions on Your Life & Employment?
A felony DUI conviction can have far-reaching implications beyond the immediate legal penalties. In Chattanooga, a felony DUI conviction can drastically impact your employment status, as many employers may be hesitant to retain or hire someone with a felony record. This concern extends across various industries, making it increasingly difficult to secure suitable employment.
Furthermore, professional licenses could be jeopardized, necessitating rigorous defense strategies to mitigate these impacts. Our firm understands the gravity of these consequences and works diligently to present a defense that not only addresses the legal aspects but also aims to buffer how a felony DUI might affect your personal life and career.
Beyond employment, DUI convictions can have significant personal implications. From strained personal relationships to the logistical challenges posed by a suspended driver’s license, the effects can be overwhelming. Engaging with a knowledgeable felony DUI attorney in Chattanooga like ours can aid in navigating these challenges. We undertake a meticulous approach in building a defense that considers all these facets, ensuring that you are equipped not just legally but personally to face the repercussions of a DUI charge.
What is the Role of Evidence in DUI Cases in Chattanooga?
In felony DUI cases, evidence plays a crucial role in determining the direction and outcome of the defense strategy. In Chattanooga, it's essential that the evidence collected against you is thoroughly examined and challenged where appropriate. This includes scrutinizing test results, such as breathalyzer and blood tests, to ensure their accuracy and reliability.
Our firm is adept at identifying procedural missteps or inaccuracies in the collection and handling of evidence, which can significantly benefit your defense. We utilize these insights to formulate arguments that can effectively challenge the prosecution's case, aiming for the most favorable outcomes possible.
Furthermore, piling evidence can often include witness statements and police reports. Our dedicated team meticulously reviews these components for any inconsistencies or oversights. By diligently examining every piece of evidence, we strive to find leverage points in your defense.
Having a felony DUI attorney who understands the importance of evidence examination gives you an advantage in navigating these complex situations. Our experience allows us to leverage this knowledge effectively, turning potential challenges into opportunities for a more robust defense strategy.
What are the Potential Defense Strategies for Felony DUI Cases?
A Chattanooga felony DUI lawyer will evaluate every aspect of the case to identify the most effective defense strategy. One common approach is challenging the legality of the traffic stop. Law enforcement must have reasonable suspicion to initiate a DUI stop, and if an officer lacked a valid reason, any evidence obtained may be inadmissible in court.
Additionally, questioning the accuracy of chemical tests can be crucial, as breathalyzers and blood tests are not always reliable. Factors such as improper calibration, mishandling of samples, or an uncertified officer administering the test can lead to inaccurate results.
Another defense strategy involves scrutinizing field sobriety tests, which can be influenced by external factors like medical conditions, uneven surfaces, or poor weather. If the test was improperly conducted, its results may be invalid.
A DUI attorney may also argue that the driver was not intoxicated at the time of the arrest, presenting evidence that fatigue, medication, or a medical condition caused symptoms resembling impairment. If dismissal is not possible, negotiating for reduced charges can be an alternative approach, potentially lowering a felony charge to a misdemeanor or securing alternative sentencing options like rehabilitation programs.
Get Help from Our Experienced Chattanooga DUI Defense Team
If you have been charged with a felony DUI in Chattanooga, such as vehicular assault or vehicular homicide, let the Law Offices of Meredith Mochel defend you.
We have handled many DUI cases throughout our practice, including felony DUIs. As felony DUIs are much more serious, you need an experienced attorney like ours to build a strong and thorough defense.
Contact Law Offices of Meredith Mochel today by calling (423) 250-1499 to schedule a FREE consultation on criminal defense matters with our felony DUI attorney in Chattanooga!
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