DUI Attorney Franklin, TN
Fighting drunk and drugged charges for clients in Tennessee
Tennessee has cracked down on drunk driving and drugged driving, passing aggressive laws and statutes designed to punish anyone who the state thinks might be a danger to other drivers. A conviction for a DUI can result in a prison sentence, fines, suspension of your driver’s license, increased insurance premiums, and the possibility you may be ordered to install an ignition interlock device (IID) on your vehicle.
A driving under the influence (DUI) arrest may feel like the end of the world, but there are often defenses. If you have a skilled firm of DUI attorneys in your corner, you may be able to have the charges against you reduced or dismissed. Reach out to the Law Offices of Adrian H. Altshuler & Associates for assistance. You have rights as a defendant, but those rights must be protected. This is the first role of our experienced DUI defense lawyer in Franklin —to ensure that your rights are recognized, that you are afforded due process, and that the arresting officers acted precisely as they are required to do during any DUI arrest.
How can we help
What is a DUI charge?
The prosecution must be able to prove the following to obtain a DUI conviction in Franklin:
- You drove or were in physical control of any motor vehicle on any public road, highway, street, shopping center, trailer park, apartment complex, or any premises frequently used by the public.
- One of the following applies:
- You were under the influence of an intoxicant, controlled substance, drug, or a combination of these items that impaired your ability to safely drive your vehicle by depriving you of the “clearness of mind and control of oneself” that you would otherwise possess.
- Your blood or breath alcohol concentration (BAC) level was .08 or higher.
- The vehicle you drove was a commercial vehicle and your BAC was .04 or higher.
Note: The BAC limit for minors is just .02 or higher.
You could be charged with more serious DUI-related offenses depending on what happened such as:
- Vehicular assault if a DUI driver seriously injures another driver
- Child endangerment if you drove while under the influence with a child under 18 in your car
- Vehicular homicide
- Aggravated vehicular assault while driving intoxicated
What are the penalties for a DUI conviction in Franklin?
The penalties for a violation of a Tennessee DUI charge vary depending on whether you have any prior offenses, your BAC level, and other factors.
- First offense. If the DUI conviction is your first DUI conviction, you will be sentenced to serve in the county jail or workhouse for a minimum of 48 hours and up to 11 months and 29 days. If your BAC was .20 or higher, the minimum sentence is 7 consecutive days instead of 48 hours.
In addition, the Tennessee Department of Safety & Homeland Security states that:
- Your license will be revoked for one year, though a restricted license may be available
- You may be ordered to participate in an alcohol and drug treatment program.
- You’ll need to pay restitution for any physical injuries or personal losses to others
- There will be a fine of between $350 to $1,500.
- Second offense. A second DUI conviction will result in imprisonment for 45 consecutive days up to 11 months and 29 days. In addition,
- The judge may order you to participate in a substance abuse treatment program and aftercare treatment program recommendations. ‘
- The fine will be between $600 and $3,500.
- The license revocation period is two years.
- Your vehicle may be subject to seizure/forfeiture
- The consequences for third and subsequent offenses include longer prison sentences, more stringent treatment program conditions, and other consequences.
- If you have two DUI convictions during a 5-year period, you’ll need to use and pay for an IID for six months.
Tennessee also has recovery courts that are judicially supervised. Non-violent people with substance abuse disorders may be eligible to have their DUI charges handled in these courts.
How do you fight for someone charged with a DUI in Franklin, TN?
You have the right to a fair trial, which means that the court is required to prove your guilt beyond all reasonable doubt before you can be convicted. As a DUI attorney in Franklin, TN, Adrian H. Altshuler oversees every aspect of your case, from arrest and questioning through arraignment, discovery, and trial, defending your rights each step of the way. Your rights include the following:
- You have the right to have your DUI lawyers present during questioning by the police.
- You have the right to confront witnesses who speak against you in court. This cross-examination of each witness is best performed by an experienced DUI attorney.
- You have the right to require witnesses to testify in court on your behalf.
- If you are convicted, you have the right to appeal the conviction to the Court of Criminal Appeals.
We challenge the law and facts that the police and prosecution use to try to obtain a Franklin DUI conviction. Some of the many challenges we assert are:
- The police did not have reasonable grounds to stop you. The police do need to have reasonable grounds to believe your drove while intoxicated – such as by observing you speeding, committing a traffic violation, swerving into other lanes, and other observations.
- The police failed to give you the proper field sobriety tests; Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand. The police must clearly explain these tests before having you take them.
- The breath or blood tests are invalid because the police failed to explain the tests, failed to validate the breathalyzer equipment, or failed in some other to ensure the accuracy of the test
- The police didn’t see you drive the vehicle or have control of the vehicle.
Your DUI attorney works during the pre-trial discovery phase to review the field sobriety tests, the arrest report, your record, and any corroborating evidence or witnesses, and then they strategize a defense.
What are checkpoint stops?
A DUI checkpoint provides a legal way for law enforcement to seek out offenders. Typically, they involve police cordoning off a specific piece of roadway or an intersection, usually with multiple cars and traffic cones, setting up a “cattle shoot” of sorts. Cars are then directed to move through the area slowly, and the police are free to stop any driver they believe might be under the influence of drugs or alcohol.
If you are pulled over in a DUI checkpoint, you have the same rights that you do if you are pulled over for any other reason, or at any other time. You have the right to refuse a breathalyzer, though you will automatically lose your license if you do. You also have the right to deny the police permission to search your car without a warrant, and to request a DUI defense attorney before answering any questions. If you are asked to get out of your car to complete a field sobriety test, you must comply with this request.
If you run into one while you are out and about, you are allowed, under Tennessee law, to turn around and leave, provided you do not violate traffic laws by doing so. If you ever thought “Where are the DUI checkpoints near me?” you’re in luck: the TDHS updates their list of sobriety checkpoints each month.
Do you have a DUI lawyer near me?
Our Franklin criminal defense office is located at 219 3rd Avenue N.
Clients know our respected Franklin DUI lawyer does everything he can to aggressively pursue justice on their behalf – let us do the same for you.
Contact a reliable and dedicated Franklin, TN DUI defense lawyer now
If your situation is urgent—such as when you already have been arrested—do not wait another minute. You need a criminal defense attorney immediately to step in and protect your rights. Call on the Law Offices of Adrian H. Altshuler & Associates, immediately. We can do the same for you. Call us today or use our convenient online form to schedule your free initial consultation.
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