Nashville DUI Lawyer

Nashville DUI Attorney

Tennessee operates under strict DUI laws in order to protect the public from reckless or negligent driving. If you have been arrested for allegedly operating a motorized vehicle while under the influence of alcohol, controlled or illegal substances, or even prescription drugs, the legal assistance and guidance of a Nashville DUI lawyer can be essential if you hope to protect your rights, future, and freedoms. These can be frightening times, but an attorney can help you.

If you find yourself facing a charge of driving under the influence in Nashville, you are likely feeling overwhelmed and uncertain about the future and what might be in store for you. These charges, when accompanied by a successful conviction, can incur harsh penalties such as jail time, fines, community service, and probation periods. If you are facing these circumstances, the legal team at the Law Office of Cesar Arbelaez can work on building a strong defense strategy for you. A skilled criminal defense lawyer in Nashville will be essential in guiding you through these challenges and working toward the best possible outcome for your case.

What Constitutes a Driving Under the Influence Charge in TN?

There are several forms a DUI charge can take in Tennessee, depending on the numerous factors involved in your case. It is important that you understand what kind of DUI charge you are facing so that you can choose the right attorney to review your case and offer you the greatest chance for a successful outcome. In the Nashville area, the most common kinds of driving under the influence cases involve the following:

• First-Time DUI: This charge can occur when an individual is allegedly found to be operating a motorized vehicle with a blood alcohol content level, or a BAC, of 0.08% or higher. You may also be charged with a first-time DUI even if the car is not in motion, but you are allegedly in total physical control of the vehicle. Even for first-time offenders, a successful conviction can come with serious, life-altering penalties.
• Repeat DUI: With each repeat DUI offense, the penalties can increase. If you are found to be operating a motorized vehicle with a blood alcohol content level of 0.08% or higher for the second, third, fourth, or more times, you can face extreme penalties that will change the course of your life forever and harm both your personal freedoms and reputation. This is why having an attorney from the very first charge is so important.
• Underage DUI: The state of Tennessee operates under a zero-tolerance policy when it comes to underage drinking and driving. If an individual under the drinking age of 21 is found to be in operation or in total physical control of a motorized vehicle with a 0.02% or higher blood alcohol content level, they might be facing an underage DUI charge. This can be detrimental to an individual’s future and impact various areas of their life.
• Drug DUI: Operating a motorized vehicle or being in total physical control of that vehicle while under the influence of substances such as marijuana, cocaine, and methamphetamine is illegal in Tennessee. Even some prescribed drugs or over-the-counter medications can be involved in a DUI charge if the prosecution can prove that, while using that legal substance, your ability to operate your vehicle was impaired.
• Commercial Vehicle DUI: Professional or commercial drivers are integral to the economy of our state and nation, but they are also held to higher standards when it comes to driving under the influence laws. If you are operating a commercial vehicle such as a semi-truck, you cannot operate that vehicle with a blood alcohol content level higher than 0.04%. If you are charged and successfully convicted of this, you could risk your employment.
• BUI: Similar to a typical DUI for an adult driver, a BUI charge, or boating under the influence, can occur if you are found to be operating a watercraft under the influence of drugs or alcohol. Your blood alcohol content level cannot be higher than 0.08%. If it is, you could run the risk of jail time, fines, and the loss of your state boating license.
• Out-of-State DUI: The state of Tennessee is a member of the Interstate Driver’s license Compact, meaning that any out-of-state DUIs you are convicted of will place the same restrictions on your Tennessee driver’s record. Likewise, if you are a tourist visiting the Nashville area and are charged with a DUI, this charge can follow you back to your home state.
• DUI Accident with Injury: When an incident of alleged drunk or drugged driving results in an accident that causes injuries to another passenger, pedestrian, or member of another vehicle, this can trigger severe criminal charges and serious penalties if you are successfully convicted. Charges related to this kind of incident can include vehicular assault, aggravated vehicular assault, or a DUI accident with injury to a child.

Every single one of these charges is serious and should be treated as such. You may feel tempted to represent yourself in these cases, especially if facing a first-time charge, and these situations may appear simple and straightforward at the onset. However, this cannot be farther from the truth. Each of these charges is treated with extreme gravitas by the state prosecution, and you need representation who takes your freedoms, rights, and futures with just as much seriousness.

The Music City Defender: Fighting for You Against DUI Criminal Charges

When you find yourself facing criminal charges for a DUI in Nashville, you need the legal support and representation of a trusted attorney. At The Music City Defender, our seasoned attorney has nearly a decade of experience fighting against these charges for our clients. We work side-by-side with the individuals who hire our services, ensuring that we have done everything in our power to fight these charges and seek a reduction, lighter sentence, or complete dismissal.

You might wonder how a Nashville DUI attorney can help you when it comes to your counsel and representation. When you hire the legal team at The Music City Defender, you can count on us to deliver the following services:

• Case Evaluation: From the moment you walk into our offices, your attorney from The Music City Defender will begin to review your case, making determinations on what legal options may be available to you for your defense and how to go about building this defense. We want to hear your side of the story and will offer an honest opinion as to what your chances may be for a reduction, lighter sentence, or charge dismissal.
• Legal Options and Resources: The laws that surround DUI charges are extremely complex. You deserve an attorney who has a deep understanding of these laws and how they might affect your case. At The Music City Defender, we can educate you on these laws and what your options may be for your defense so that you can make an informed decision.
• Solid Defense Strategy: When you choose to work with our team, you can expect us to examine all the details of your case and look for the necessary evidence to support your defense. We will analyze the police reports and statements from eyewitnesses, which can help us build a strategy to defend you. One of our biggest goals for your defense strategy will be to cast doubt on the alleged evidence of the prosecution in negotiations or jury trials.
• Plea Deal Negotiation: In some cases, it may be in your interest to negotiate a plea deal with the judge and/or prosecution assigned to your case. This may help you avoid harsher penalties and seek charges which can incur lesser sentences. We can review your case in order to determine if a plea deal is in your interest and work to minimize the damage done to you in your case.
• Courtroom Representation: Should a favorable outcome not be reached in negotiations, we can confidently take your case to the courtroom and argue your defense before a judge and jury. At this stage, we can present your defense, cross-examine any eyewitnesses, provide our own forms of evidence, and make arguments that can challenge the prosecution’s efforts.
• Penalty Minimization: In the unfortunate event that a conviction is unavoidable, we can work to minimize the penalties you might face. This can include making a case for alternative sentencing methods, such as community service or your mandatory participation in certain alcohol programs. In this stage of the process, our main goal will be minimizing the negative impact this conviction has on your personal life.
• Defense Against License Suspension: It is typical for a successful DUI conviction to result in the suspension or revocation of your driver’s license. Our attorneys have the ability to challenge these actions and represent you in any administrative hearings so that your driving privileges might be reinstated.
• Guidance and Support: Throughout every step of the legal process, the compassionate team at The Music City Defender will work to do whatever we can to ensure these charges brought against you do not negatively impact your rights, future, and freedoms. We have the experience and resources necessary to offer you robust representation and a chance for sentence reduction or even a dismissal.

When Can a DUI Become a Felony in Nashville?

In the greater Nashville area and the entire state of Tennessee, there are certain circumstances in which a DUI charge might be elevated to that of a felony charge. These are extremely serious and should be treated as such by engaging the legal counsel and representation of a DUI attorney. The most common reasons for a DUI charge to be increased to a felony include the following:

• A Fourth DUI Offense: If you have been charged with a DUI for a fourth time or more, you can face felony charges with severe penalties.
• DUI, Which Involves Serious Bodily Injury: If your incident of driving under the influence of drugs or alcohol has resulted in the serious bodily injury of another individual, you could face felony vehicular assault charges.
• DUI Resulting in Death: The two most common cases of this charge include:
  • Vehicular Homicide: If you allegedly cause the death of another individual while driving under the influence of drugs or alcohol, you can face felony charges for vehicular homicide.
  • Aggravated Vehicular Homicide: In cases where you have a previous DUI conviction on your record, and your new DUI incident has resulted in the death of another individual, the prosecution may decide to increase your felony charges to aggravated vehicular homicide.

Potential Penalties for a Felony DUI Charge in Tennessee

The penalties for a successful felony DUI conviction can be serious and devastating to both your personal freedoms, future, and rights and your personal and professional reputation. The potential penalties you may face for a successful felony DUI conviction in Nashville can include:

• Fourth or More DUI Offense: These charges are classified as a Class E felony and can result in one to six years in prison, fines totaling up to $15,000, a license revocation of up to eight years, and the mandatory installation of an Ignition Interlock Device once a driver’s license has been reinstated.
• Vehicular Assault, or a DUI with Serious Bodily Injury: This is classified as a Class D felony and can be punishable with two to twelve years in prison, fines totaling up to $5,000, and a chance for further penalties should the specific circumstances of the incident call for them.
• Vehicular Homicide, or a DUI Resulting in Death: These charges can result in a Class B felony, which is punishable with eight to 30 years served in prison, fines totaling up to $25,000, and a license revocation period of up to 10 years.

If you face any of the felony DUI charges, it is imperative that you hire an attorney who understands their exact nature and how to fight them. At The Music City Defender, we have experience fighting DUI felony charges for our clients and are prepared to put that experience to use in your case.

Common Defenses for DUI Charges

There are several defenses your attorney might be able to use in your DUI case. The validity of these defenses as they pertain to your case depends on the exact nature of the charges you are facing and how the alleged incident of driving under the influence took place. The common defenses for DUI charges in Nashville include:

• Improper police conduct during the arrest
• The violation of your Constitutional rights
• A lack of evidence or insufficient evidence
• Having a medical condition that affects your chemical test results
• Medication interaction with a blood alcohol content level test
• Inaccurate field sobriety or chemical tests

Speak with an Experienced DUI Lawyer in Nashville Today

If you have been charged with a DUI in the Nashville area, you need the legal guidance and support necessary to navigate these complex legal matters. The dedicated team at The Music City Defender is here for you and ready to fight for your freedoms and rights to stay protected under the law. Contact our offices today to learn more about how we can help you.