DUI Attorneys in Grainger County

Were you recently charged with driving under the influence (DUI) in Grainger County, Tennessee? If so, your mind is likely reeling with questions. “Is a DUI a felony in Tennessee?” “Can a DUI be dismissed?” “What is the cost of a DUI?” A DUI criminal defense attorney from Daniel, Daniel, & Newman can provide the answers you need during this challenging time.

When it comes to quality criminal defense, Grainger County and Eastern Tennessee residents have relied on the Daniel name for over 80 years. Attorney Evan M. Newman is committed to upholding the Christ-centered legal legacy of his great-uncle Creed Daniel and Creed’s son, the late Dirk Daniel. Evan will be there when you need him, providing understanding, compassion, empathy, and personal attention every step of the way.

Contact our firm today to discuss your case and learn how we can protect your rights in a free consultation session.

Common Types of DUI Cases Our Law Firm Handles

Different DUI cases often require distinct defense strategies, particularly when it comes to challenging evidence or framing legal arguments. The following are some common types of DUI cases that we at Daniel, Daniel, & Newman frequently address:

Potential Defenses to DUI Charges You Are Facing

Defending against DUI charges requires a nuanced understanding of both the law and the specifics of each incident. A skilled defense attorney might use one or more of the following strategies to defend you against the DUI charges you are facing:

• Breathalyzer Evidence Challenges – Your defense attorney might question the accuracy of breathalyzer results by investigating the device’s calibration and maintenance records. They might argue that improper handling or technical malfunctions skewed the BAC readings.
• Unlawful Stops – If a law enforcement officer stopped you without a legitimate reason or probable cause, your lawyer could argue that the stop was unlawful. This could lead to a dismissal if the court agrees that the officer did not have a legal basis to initiate the traffic stop.
• Illegal Searches and Seizures – Your attorney might contest the legality of evidence collection methods by asserting that there was no valid warrant or consent for a search. If the search that led to the DUI charge was illegal, any evidence gathered as a result might be inadmissible.
• Rising BAC Defense – This defense is based on the timing of alcohol absorption into the bloodstream. Your lawyer could argue that your BAC was below the legal limit while you were driving but rose to an illegal level by the time the BAC test was administered.
• Lack of Driving or Actual Physical Control – In some cases, you might not have been driving or in actual physical control of the vehicle when approached by police. In that case, your lawyer could argue that you were not operating the vehicle while impaired.

When you meet with Evan Newman, a reputable Grainger County DUI lawyer from Daniel, Daniel, & Newman, he can assess your situation to determine the best defense(s).

What Are the DUI & DWI Laws in Tennessee?

Tennessee DUI laws strictly prohibit operating a vehicle if you’re impaired by any substance that affects your ability to drive safely. This includes alcohol, drugs, or any combination thereof.

For most drivers over 21, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 or higher. For commercial drivers, the legal limit is even lower, at 0.04. Drivers under 21 are subject to the lowest BAC limit of 0.02.

If the amount of alcohol you have in your system exceeds these Tennessee DUI limits, it creates a “legal presumption of impairment.” This means the law presumes you are too impaired to drive safely, whether or not you are actually exhibiting physical signs of impairment. This presumption simplifies the process for the state to prove DUI charges against you in court.

Tennessee also enforces an “implied consent” law. This means that by driving on Tennessee roads, you automatically agree to submit to BAC tests, like blood or breath tests, if a law enforcement officer suspects you of DUI. If you refuse to take a BAC test under these circumstances, you will face immediate consequences. For a first-time refusal, the state will suspend your driver’s license for one year. The length of this license suspension increases with subsequent refusals.

What Are the Tennessee DUI Penalties?

In Tennessee, the penalties for DUI escalate with each subsequent offense to reflect the severity and recurrence of the crime.

Tennessee First DUI Offense

First-time DUI offenses in Tennessee are punishable by a minimum of 48 consecutive hours in jail, which can be extended up to 11 months and 29 days in some cases. If the offender’s BAC is 0.15 or higher at the time of the offense, they face a mandatory minimum of seven days in jail. The court can also impose fines ranging from $350 to $1,500. Depending on the circumstances, the court might also order mandatory substance abuse treatment.

Offenders’ driver’s licenses are subject to one-year suspensions for first-time DUIs in Tennessee. Sometimes, if offenders with suspended licenses must drive for work or school, they can regain limited driving privileges by installing ignition interlock devices (IIDs) in their vehicles. These devices are small breathalyzers that prevent vehicles from starting if they detect alcohol on the driver’s breath.

Tennessee Second DUI Offense

A second DUI offense is punishable by a mandatory 45 consecutive days in jail. Fines increase significantly for second-time offenses, ranging from $600 to $3,500. Offenders are typically required to undergo mandatory substance abuse treatment. Driver’s license suspensions extend to two years, and IID installation is required upon license reinstatement.

Tennessee Third DUI Offense

For a third DUI offense, the mandatory jail time is 120 consecutive days. Fines can be between $1,100 and $10,000, and substance abuse treatment is mandatory. Offenders’ driver’s licenses are subject to six-year suspensions, and IID installations are mandatory upon license reinstatement.

Tennessee Fourth DUI Offense

A fourth DUI offense is a Class E felony, punishable by 150 consecutive days in jail and $3,000 to $15,000 in fines. Offenders are subject to long-term DUI probation and must participate in mandatory substance abuse treatment programs. The license suspension extends to eight years, and IIDs are required.

Tennessee Fifth DUI Offense

A fifth DUI offense is a Class D felony, punishable by 150 days to 12 years in jail, fines ranging from $3,000 to $15,000, and mandatory substance abuse treatment. License suspensions are indefinite at this level, potentially permanent, and IIDs are required if licenses are ever reinstated.

Tennessee Sixth and Subsequent DUI Offenses

For the sixth and subsequent DUI offenses, the charges escalate to Class C felonies, punishable by 150 days to 15 years in jail and $3,000 to $15,000 in fines. Drivers are required to complete substance abuse treatment and are likely to lose their licenses permanently. In the unlikely event that the driver’s license is ever reinstated, IID installation will be mandatory.

Aggravating Factors

In DUI cases, certain aggravating factors can significantly influence the severity of the penalties. These factors include circumstances that enhance the seriousness of the offense, such as having a BAC significantly above the legal limit (e.g., 0.15 or higher). Other possible aggravating factors include causing an accident that leads to injury or death and having minors in the vehicle at the time of the offense.

Additional Fees

In addition to fines, DUI convictions in Tennessee often come with mandatory fees that contribute to the total financial impact on the offender. These fees can include court costs, fees for reinstating a driver’s license, and charges associated with mandatory alcohol education or treatment programs.

What Are the Differences Between DWI and DUI?

Both DUI and driving while impaired (DWI), sometimes referred to as DWAI (driving while ability impaired) in other states, broadly deal with impaired driving in Tennessee. However, Tennessee specifically defines DWI as a lesser charge involving drivers under the age of 21 with a BAC exceeding 0.02. This charge is unique to underage drivers and emphasizes a stricter stance against any level of impairment in younger individuals who are legally prohibited from consuming alcohol.

How Much Does a DUI Lawyer Cost?

The cost of hiring a Grainger County DUI attorney can vary widely based on several factors.

Most defense attorneys charge either a flat fee or an hourly rate for their services. Flat fees for DUI cases usually range from $1,000 to $5,000, but this cost can go higher for more complex cases or cases that go to trial. Hourly rates are generally between $150 and $500 per hour.

The total cost will depend on the complexity of the case, the experience your prospective DUI lawyer in Tennessee has, and the length of time necessary to resolve the case. Additional costs typically include court fees and charges for gathering evidence.

Contact a Grainger County DUI Defense Attorney Today

Looking for help with your DUI charges in Grainger County? Don’t face this challenging situation alone. Let Evan Newman and Daniel, Daniel, & Newman provide the knowledgeable support you need. Contact us today to discuss your case and learn how we can assist you in a free, confidential case review.