DUI Lawyer Brentwood TN

Brentwood DUI Defense Attorney

Experienced criminal defense lawyers for people charged with driving under the influence of drugs or alcohol

As the statistics involving drunk driving accidents worsen, states like Tennessee are working aggressively to enforce the state’s driving under the influence (DUI) laws. You need to take a DUI charge very seriously. Even a first-time conviction will result in a prison sentence and a revocation of your driving privileges. Subsequent offenses can mean longer sentences and license revocations, more fines, the requirement to use an ignition interlock device (IID), and other expensive consequences.

You should understand that the government cannot always prove its case. The Law Offices of Adrian H. Altshuler & Associates has helped numerous clients obtain acquittals, dismissals, and plea bargains to less serious charges such as speeding or other traffic violations. We’ll assert all your rights and all the defenses that apply. The police may not have followed proper protocols. There may be legitimate reasons for your driving behavior. Our Brentwood DUI lawyer is ready to fight for you today.

How can we help

What are the elements of a DUI offense?

The Tennessee DUI statute requires that the prosecution must be able to prove the following:

  • You drove or were in physical control of an:

“Automobile or other motor driven vehicle on any of the public roads and highways of the state, or on any streets or alleys, or while on the premises of any shopping center, trailer park, or apartment house complex, or any other premises that is generally frequented by the public at large, while:”

  • You were under the influence of an intoxicant, drug, controlled substance (or a combination of these items) to the extent your ability to safely drive your vehicle was impaired.
  • You had a breath of blood alcohol content (BAC) level of .08 or higher.
  • You drove a commercial vehicle and your BAC was .04 or higher.

The BAC limit for minors is .02 or more.

More serious DUI charges include:

  • Vehicular assault if you seriously hurt another driver while under the influence
  • Child endangerment if you committed a DUI with a child passenger under 18 in your car
  • Vehicular homicide
  • Aggravated vehicular assault while driving intoxicated

What are the consequences of a DUI conviction in Brentwood?

The penalties for a DUI conviction in Tennessee DUI increase in severity with every subsequent conviction. The penalties are as follows according to the statute and the Tennessee Department of Safety & Homeland Security:

  • First offense. A first conviction will result in 48 hours to nearly one full year in the county jail or a workhouse. If your BAC was .20 or more, the minimum sentence is 7 consecutive days. You will lose your right to drive for one year unless you obtain a “restricted” license. You may be ordered to participate in an alcohol and drug treatment program. You can be ordered to pay restitution to any victims and pay a fine between $350 to $1,500.
  • Second offense. A second DUI conviction will result in your spending time in jail for 45 consecutive days up to 11 months and 29 days. In addition, the license revocation period is two years, the fines will range from $600 to $3,500, your vehicle may be subject to forfeiture or seizure, and you will likely be ordered to participate in a substance abuse treatment program and comply with aftercare treatment program recommendations.
  • Third and subsequent offenses include more severe penalties starting with a longer prison sentence.

If you have two DUI convictions during the prior five years, you’ll need to install, use and pay for an IID for six months.

Tennessee does have recovery courts that generally handle the education program and treatment side of a DUI conviction for non-violent offenders. Our attorneys can tell you if this is an option for you.

What defenses does your Brentwood DUI lawyer assert?

Brentwood DUI attorney Adrian H. Altshuler is engaged in every aspect of your case from the initial arrest until the criminal charges are dismissed, reduced by a plea agreement, or there is a trial. Some of the common defenses that we assert in DUI cases are:

  • The police did not have proper grounds to stop you
  • The police failed to explain how field sobriety tests work and to properly conduct those tests
  • The police did not have grounds to give you a breath or a blood test or did so improperly
  • The breathalyzer equipment used to test you was not valid
  • The police did not explain the consequences for refusing to submit to a breath test
  • The police did not see you driving or in control of your vehicle
  • The prosecution could not prove that you committed a DUI beyond a reasonable doubt
  • There are alternative reasons for a high BAC reading

Other defenses may also apply.

We file motions to suppress evidence that was illegally obtained. We may also negotiate with the prosecutor to reduce a DUI offense to a less serious charge such as speeding or another traffic violation.

What are checkpoint stops?

The police sometimes use checkpoint stops to randomly test Brentwood drivers for driving under the influence. There are specific protocols that the police must follow such as providing advance notice of when and where the checkpoint stops will take place. The Tennessee Department of Homeland Security updates its list of sobriety checkpoints monthly.

Checkpoints usually involve isolating a stretch of a roadway or an intersection, usually with traffic cones and multiple police cars. As cars enter the roadway or intersection, they’re instructed to proceed slowly. The police can randomly stop anyone they suspect might be under the influence of drugs or alcohol without observing any suspicious driving.

Drivers who are pulled over in a DUI have the right to refuse to submit to a breathalyzer test, though their license will be suspended or revoked since drivers give their implied consent to be tested. Drivers may deny police officers permission to search their vehicles without a warrant, and to request to speak to a DUI lawyer before answering any questions. Drivers are generally required to comply with a field sobriety test.

Drivers in Tennessee also have the right, under Tennessee law, to turn around and leave, provided the drivers follow the state traffic laws.

Do you have a DUI lawyer near me?

Our Brentwood criminal defense office is located at 1616 Westgate Cir #363 in Brentwood.

Our Brentwood criminal defense attorneys understand how frightening a DUI charge is. Your freedom, your finances, and your reputation are all in jeopardy. We’ll fight aggressively to show the prosecution’s case isn’t strong enough to require a conviction.

Contact a seasoned and respected Brentwood, TN DUI defense lawyer now

Call us as soon as you’ve been arrested for DUI. We’ll explain your rights and assert all your defenses. We’ll review every step of the events that led to your arrest, the tests you were given, and how the police handled your charges. We’ll work immediately to help obtain your release if you’re in prison and to fight for an acquittal or dismissal. Call the Law Offices of Adrian H. Altshuler & Associates now or fill out our contact form to schedule a consultation.