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Clarksville DUI Lawyers

The state of Tennessee aggressively prosecutes people who have been arrested for drunk driving. If you have been arrested for drunk driving, you need a legal team you can trust. Fortunately, you have come to the right place. Contact the experienced Clarksville DUI defense lawyers at Fendley & Etson today.

DUI Lawyers | Representing Clients in Montgomery County, TN

Located in Clarksville, Tennessee, we defend clients against all drunk driving charges, including:

  • Underage DUI
  • Felony DUI
  • Drug DUIs

Contact Montgomery County criminal defense lawyers for guidance if you’ve been charged with a DUI in Tennessee. We are here to fight for you and your future every step of the way.

Blood Alcohol Content

In Tennessee, Blood Alcohol Concentration (BAC) plays a pivotal role in determining Driving Under the Influence (DUI) charges. BAC represents the percentage of alcohol in a person’s bloodstream, providing a metric to measure intoxication. For most drivers in Tennessee, a BAC of 0.08% or higher constitutes legal impairment and can result in a DUI charge.

However, for those under 21, Tennessee’s zero-tolerance policy sets the limit at a mere 0.02%. Commercial drivers face stricter regulations, with a threshold of 0.04%. It’s worth noting that even if one’s BAC is below these limits, they can still be charged with a DUI if their ability to operate a vehicle safely is compromised by alcohol. With evolving technologies and legal nuances, understanding BAC and its implications is essential, and consulting with a knowledgeable Tennessee criminal defense lawyer is highly advisable for anyone facing DUI allegations.

First-Offense DUI Penalties

A first-offense DUI in Tennessee is considered a misdemeanor but carries significant penalties that can have long-lasting effects on an individual’s life. Some of the penalties you may face for a first-offense DUI in Tennessee are as follows:

  • Fine: $350 to $1,500
  • Jail time: 48 hours to 11 months, 29 days. Mandatory seven consecutive day imprisonment if blood alcohol concentration (BAC) is 0.20% or more.
  • License suspension: 1 year
  • Mandatory attendance in an alcohol and drug treatment program

Second Offense DUI Penalties

A second DUI offense in Tennessee indicates repeated behavior of intoxicated driving, leading to increased penalties. They are as follows:

  • Fine: $600 to $3,500
  • Jail time: 45 days to 11 months, 29 days
  • License suspension: 2 years
  • Vehicle confiscation or immobilization at the owner’s expense
  • Mandatory attendance in an alcohol and drug treatment program

Third Offense DUI Penalties

The third DUI offense in Tennessee is a clear sign of a chronic issue, and the penalties reflect the state’s intention to deter future offenses. The penalties for a third DUI in Tennessee can include the following:

  • Fine: $1,100 to $10,000
  • Jail time: 120 days to 11 months, 29 days
  • License suspension: 6 years without the possibility of obtaining a restricted license
  • Vehicle may be seized and subject to forfeiture
  • Mandatory participation in an alcohol and drug treatment program

DUI With a Commercial Driver’s License Penalties

Driving under the influence while operating a commercial vehicle results in more severe consequences due to the potential for greater harm. Unfortunately, if you get a DUI with a commercial driver’s license, your livelihood is likely on the line. Some of the penalties for a DUI with a CDL in Tennessee include the following:

  • Fine: Ranges depending on severity and circumstances
  • Jail time: Varies based on the offense and circumstances
  • CDL disqualification: 1 year for the first offense, lifetime disqualification for a second offense
  • Mandatory alcohol and drug treatment programs may be required

Underage DUI Penalties

Tennessee has a zero-tolerance policy for underage drinking and driving, making penalties severe for those under 21 caught with any detectable amount of alcohol in their system while behind the wheel of a vehicle. The penalties for underage DUI charges in Tennessee are as follows:

  • Fine: $250
  • License suspension: 1 year
  • Community service: Mandatory 20 hours
  • Participation in a youth alcohol safety program might be required

Drug DUI Penalties

Operating a vehicle under the influence of drugs is treated similarly to alcohol DUIs, but there are additional considerations. Potential penalties for drug DUI charges in Tennessee include the following:

  • Fine: Ranges depending on the type and amount of drug
  • Jail time: Based on the offense and circumstances
  • License suspension: 1 year for the first offense, longer suspensions for subsequent offenses
  • Mandatory drug treatment programs may be required

Breathalyzer Test Refusal Penalties

Refusing to submit to a blood or breath test in Tennessee is also a crime. Some of the penalties you may face for refusing a blood or breath test are as follows:

  • Fine: Varies based on the offense
  • Jail time: Can be extended if convicted of a DUI in conjunction with refusal
  • License suspension: 1 year for the first offense, two years if there was a passenger under 16 years old, longer suspensions for subsequent refusals

Protect Your Rights

Do not plead guilty to drunk driving before you speak with a criminal defense attorney. Tennessee DUI/DWI laws are very technical. If retained as your defense counsel, we will take time to review your case’s facts, including law enforcement’s actions. Some of our primary concerns when investigating your case will be:

  • Did the police have sufficient cause to stop your vehicle?
  • Did your arresting officer properly administer your breath test?
  • Were your field sobriety tests properly administered?
  • Is there a basis to challenge the results of your breath test?
  • Were your constitutional rights violated?

If we can prove that your rights have been violated in some way or that law enforcement made a procedural error when arresting you, your charges may be dropped. Even when the evidence is undeniable, a skilled DUI lawyer can work to mitigate the charges you’re facing, lessening the burden a DUI has on your freedom and future.

Protecting Your Driver’s License After a DUI

Protecting driver’s licenses is a top priority for those who have been convicted of DUI or are facing DUI charges. Few of us can readily accept the loss of driving privileges. Our lives have too many responsibilities and too many people depend on us to be able to live without the ability to drive for months. Jobs, children, and errands all need us to be mobile and functional.

If you cannot drive, you may not be able to get to work, and you may lose your job. No one should face that level of risk and uncertainty without representation that they can trust to help them protect their driver’s licenses.

As part of the consequences of a DUI conviction, restrictions are often placed on driver’s licenses. A driver’s license may be suspended outright. Often, however, we can help people secure limited driving privileges. These restricted driver’s licenses generally fall into one of two categories:

Geographically limited – This restricted driver’s license allows you to drive to specific locations such as work or a court-ordered alcohol DUI program.
Nongeographically limited – While this type of restricted driver’s license does not limit travel to specific locations, it does require the installation of an ignition interlock device.

Keeping your driving privileges is critical, even if in a limited capacity. Our DUI lawyers are here to fight for the best possible outcome on your behalf.

Contact Our Dedicated Montgomery County, TN DUI Lawyers

Don’t face a DUI charge on your own. Retain the services of the seasoned Clarksville, Tennessee DUI lawyers here at Fendley & Etson for guidance today.