Is it Worth Getting a Lawyer for a DUI?

Even a first-time DUI conviction can have serious criminal and civil consequences. If there are no aggravating factors like an accident or high BAC, some people might consider representing themselves. However, even in these cases, an attorney can often obtain better outcomes than a self-represented defendant. As a result, hiring a lawyer for a DUI case is often worthwhile, particularly because DUI convictions carry significant, long-lasting consequences that can severely impact your life.

How can an attorney help me?

Experienced DUI attorneys understand how to determine whether a traffic stop was legal, can challenge evidence like breath and blood tests, and navigate other issues that might impact your case. They can:

• Take care of all the necessary paperwork, filing deadlines, and court appearances when defending against a DUI charge.
• Negotiate with prosecuting attorneys on your behalf to get your charges reduced.
• Work out a plea deal for a lesser charge with lower penalties.
• Negotiate for reduced fines, alternative sentencing, or a shorter license suspension period.
• Obtain a restricted license for you or negotiate the terms allowing you to keep limited driving privileges during your suspension.

If you’ve been arrested for DUI, you must consult with an experienced Tennessee DUI defense attorney as soon as possible. Your DUI attorney will review the field sobriety tests, the arrest report, your record, and any corroborating evidence or witnesses to build a strong defense. If you wait too long, you risk the loss of critical evidence that can help prove your case.

What are the penalties for a first-time DUI?

Tennessee has specific requirements and penalties, and a lawyer familiar with DUI laws can provide critical guidance to someone facing a DUI charge, particularly someone arrested for the first time. Tennessee law imposes the following sentences, fines, and consequences for a first-time DUI offense:

• Jailtime:A minimum sentence of 48 hours, a maximum sentence of 11 months and 29 days. Anyone convicted of DUI with a blood alcohol content (BAC) of 0.20 or more must serve at least seven days.
• License suspension: The offender will lose their driving privileges for one year, although a restricted license may be available.
• Alcohol and drug treatment program:First-time offenders will need to complete a licensed DUI school program if the judge orders it.
• Restitution:Those with a first-time DUI conviction need to compensate anyone injured by their drunk driving and will need to pay for the damage to their vehicle.
• Fines:The fine for a first-time DUI offense ranges from $350-$1,500.
• IID Device:Once driving privileges are restored, offenders will need to have an interlock ignition device (IID), which may cost more than $1,000, installed in their vehicle. An experienced Franklin, Tennessee, DUI defense lawyer can explain how long you might need to use an IID. Generally, if you have a second DUI, you will need to use the IID for at least six months.
• Criminal record: A DUI conviction is permanent, will remain on your criminal record indefinitely, and can only be removed if the charge was dismissed.

In addition to these statutory penalties, the following consequences will apply:

• You will need to pay for any damage to your car.
• Your insurance premiums may increase significantly.
• You will have a criminal record that can affect your ability to gain employment and have other consequences.
• If you get a second or subsequent DUI, the sentence, fines, and consequences will escalate.
• If you injured someone, they may be eligible to file a personal injury claim or wrongful death claim (if someone died). Damages in these actions frequently amount to much more than the restitution you may have paid. Your first-time conviction will likely be used against you.

How an experienced DUI lawyer can help

Skilled DUI attorneys will assert every possible criminal defense on your behalf. They will also work to arrange a plea deal to persuade the prosecutor to drop the DUI charge in return for a lesser charge. Your attorney may also:

• Seek to have breath and blood tests dismissed because there weren’t proper grounds to give them, they weren’t given the incorrect way, or the chain of custody of the tests has been broken.
• Argue the officer never had grounds to stop you in the first place. The police must have reasonable grounds to believe you drove while intoxicated. They must have seen you speeding, committing a traffic violation, swerving into other lanes, or exhibiting reckless behavior.
• Contend that the police cannot prove you were the driver of the vehicle.
• Assert your constitutional rights, including protection from unreasonable searches and seizures and from self-incrimination.
• Hold the government to its duty to prove your guilt beyond a reasonable doubt for each part of the DUI charge.
• Work to discredit your field sobriety tests by demonstrating that you did receive proper instruction for the test, you were required to perform the test under improper conditions; the officer did not use standardized scoring criteria when evaluating your performance, or another such defense.

A skilled lawyer will work to have DUI charges dismissed, blood tests and other key evidence suppressed, and obtain acquittals if possible. In some cases, the lawyer may be able to plea bargain the charges down to a less serious crime—allowing clients to avoid jail time and harsh financial penalties.

At the Law Offices of Adrian H. Altshuler & Associates, our Franklin DUI defense lawyers have been fighting for the accused since 1991. We investigate all the facts behind your arrest, persuasively argue the applicable law, contest unwarranted evidence, and aggressively fight for an acquittal. We understand how just one DUI conviction can change your life. Call or complete our contact form to schedule your free initial case evaluation with an experienced DUI defense attorney today. We proudly serve clients in Franklin, Columbia, and Brentwood.