Franklin DUI Attorney

DUI Attorney Franklin, TN

Fighting drunk and drugged charges for clients in Tennessee

Tennessee has cracked down on drunk driving and drugged driving by passing aggressive laws and statutes designed to punish anyone who the state thinks might be a danger to others on the road. A conviction for driving under the influence (DUI) can result in jail time or incarceration, fines, suspension of your driver’s license, increased insurance premiums, and the possibility that you may be ordered to install an ignition interlock device (IID) on your vehicle.

A 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. Regardless of whether it’s your first or subsequent offense, the judge may order you to participate in a substance abuse treatment program and an aftercare treatment program. Additional consequences may include higher insurance rates, a tarnished driving record, and, for some, job loss if driving is required for employment.

Here's what you can expect when convicted of a DUI charge in Tennessee:

First offense

  • 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 seven consecutive days instead of 48 hours (TN Code 55-10-402).
  • Fined between $350 and $1,500 (TN Code 55-10-403).
  • License revoked for one year, though a restricted license may be available (TN Code 55-10-404).

Second offense

  • Sentenced to serve in the county jail or workhouse for 45 consecutive days up to 11 months and 29 days (TN Code 55-10-402).
  • Fined between $600 and $3,500 (TN Code 55-10-403).
  • License revoked for 2 years (TN Code 55-10-404).

Third offense

  • Sentenced to serve in the county jail or workhouse for not less than one hundred twenty (120) consecutive days nor more than eleven (11) months and twenty-nine (29) days (TN Code 55-10-402).
  • Fined between $1,100 and $10,000 (TN Code 55-10-403).
  • License revoked for 6 years. (TN Code 55-10-404).

Fourth offense

  • Sentenced as a felon to serve not less than one hundred fifty (150) consecutive days nor more than the maximum punishment authorized for the appropriate range of a Class E felony (TN Code 55-10-402).
  • Fined between $3,000 and $15,000 (TN Code 55-10-403).
  • License revoked for 8 years for a fourth or subsequent offense (TN Code 55-10-404).

In some Tennessee jurisdictions, eligible nonviolent offenders may participate in recovery court programs, subject to local rules and court approval.

What are the penalties for underage DUI offenses in Franklin?

If you are a minor charged with a DUI, Tennessee enforces the following penalties:

Per TN Code § 55-10-415 (d), if you’re between the ages of 18 and 21, operating a vehicle with a BAC of .02 or higher is classified as a Class A misdemeanor punishable by:

  • Driver's license suspension of one (1) year;
  • A fine of two hundred fifty dollars ($250); and
  • Public service work, at the discretion of the court.

Per TN Code § 55-10-415 (e), if you’re driving while impaired and under 18 years of age, it’s classified as a delinquent act, also punishable by:

  • Driver's license suspension of one (1) year;
  • A fine of two hundred fifty dollars ($250); and
  • Public service work, at the discretion of the court.

What are checkpoint stops?

In Tennessee, DUI checkpoints are lawful only if conducted under strict guidelines that limit officer discretion and require supervisory approval and neutral stopping procedures. 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 chute” of sorts. Cars are directed to move through the checkpoint according to a neutral stopping pattern, and officers may investigate further only if lawful indicators of impairment are observed.

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. Refusing a breath or blood test can result in license revocation under Tennessee’s implied consent law, with penalties depending on prior offenses. 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. You may be asked to get out of your car to complete a field sobriety test.

If you run into a DUI checkpoint 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: local law enforcement agencies and the Tennessee Highway Patrol periodically publish notices of upcoming sobriety checkpoints.

Are you required to complete a field sobriety check in Tennessee?

No, you are not required to undergo the field sobriety test. Implied consent laws do not apply to these tests. If you’re asked to perform a field sobriety test, the officer likely already believes you’re intoxicated. The test serves to prove whether or not you are impaired, but even if you pass, you can still be charged with a DUI.

If you’re pulled over for suspicion of driving under the influence and you decide to comply, you’ll be asked to perform three specific tests, endorsed by the National Highway Traffic Safety Administration (NHTSA). Each test has signs that officers look for, indicating you’re likely impaired.

  • One-leg stand: This balance test requires you to stand and hold one foot approximately six inches off the ground in front of you for approximately 30 seconds.
  • Horizontal gaze nystagmus: The officer will shine a light in your eye, or ask you to follow a pen or finger as it’s moved from side to side. The officer checks for involuntary jerking in the eyes, which is exaggerated with alcohol.
  • Walk-and-turn: To assess your balance and ability to multitask, an officer will ask you to walk a straight line, heel-to-toe, for nine steps and then return.

If you’ve been arrested for a DUI and performed the field sobriety tests, don’t give up. It’s possible to build a strong defense, even if you failed. An experienced DUI defense attorney who knows the ins and outs of Tennessee DUI laws can aggressively fight to drop or reduce charges whenever possible.

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 a 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 remain silent and to request counsel. If you invoke these rights, questioning must stop unless you later waive them.
  • 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 you drove while intoxicated, such as by observing you speeding, committing a traffic violation, swerving into other lanes, and other observations.
  • The police failed to provide proper instructions for completing the field sobriety tests. The police must clearly explain the tests (Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand) before administering them.
  • Breath or blood test results may be challenged if statutory or procedural requirements were not followed. 
  • The police didn’t observe you driving or in control of the vehicle.

Your DUI attorney works through the pre-trial discovery phase to review the field sobriety tests, the arrest report, your record, and any corroborating evidence or witnesses, and then develops a defense strategy.

Should you fight a DUI charge?

Yes, in Tennessee, an experienced DUI defense attorney can help you fight a DUI charge. Convictions can be severe and life-changing, including jail time, fines, license suspensions, and more. A lawyer can review your case, challenge evidence, explore defenses, and negotiate charges. Facing a DUI charge in Tennessee can be overwhelming. Legal guidance provides support and can help you respond strategically to the charges you’re facing.

Frequently Asked Questions

Can DUI charges be reduced?

An experienced DUI attorney may be able to help you reduce a DUI to a lesser charge like Reckless Driving, but it depends on the specific facts of an individual’s case.

Is DUI a felony in Tennessee?

The first three DUI convictions are classified as misdemeanors in Tennessee. The fourth DUI is a felony.

Can the DUI charge be expunged from your record in Tennessee?

No. If you have been charged and convicted of a DUI in Tennessee, it cannot be expunged. Hiring a strong DUI attorney can help you fight charges from the outset.

Can I get a DUI without driving?

Yes. Tennessee law allows DUI charges based on ‘physical control’ of a vehicle, even if it is parked, depending on the totality of the circumstances.

Do you have a DUI lawyer near me?

Our Franklin criminal defense office is located at 219 3rd Avenue N., Franklin, Tennessee 37064-2504. Clients know our Franklin DUI lawyer does everything he can to aggressively pursue justice on their behalf – let us do the same for you.

Contact us today to discuss your DUI charge and next steps.

Testimonials

At the Law Offices of Adrian H. Altshuler & Associates, we help clients during stressful moments. The following testimonials reflect feedback from clients who trusted our firm in challenging legal matters.

“I definitely recommend the law services of Adrian Altshuler. He helped me with my DUI case and how to avoid jail time and other penalties. Really great lawyer and very personable guy.”
Ross Lane

“I had been charged with a second DUI and was really in need of an excellent lawyer to handle my situation. Mr. Altshuler handled my situation very good. He’s a very sharp lawyer and helped me avoid a DUI second. Hope I don’t ever need more help in criminal matters, but if I do, I know for sure I will be calling him up.”
Vick Johnson

We’re proud of the work that we’ve done for clients and the outcomes we’ve achieved. Note that prior results do not guarantee a similar outcome as they depend on the facts and law of each case.

Contact a reliable and dedicated Franklin, TN DUI defense lawyer now

If your situation is urgent, such as when you have been arrested, do not wait another minute. You need a criminal defense attorney immediately to step in and protect your rights. Call the Law Offices of Adrian H. Altshuler & Associates today or use our convenient online form to schedule your free initial consultation.

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