Thursday, November 12, 2009

Jason Barnette – Nashville DUI Attorney

What is DUI?
The definition of DUI is operating or being in control of a vehicle while being under the influence of narcotics, marijuana, intoxicants or a drug that produces stimulating affects with a blood or breath alcohol concentration of over .08%.

What do officers look for as cues for someone driving under the influence in Nashville, Tennessee?

  • Weaving
  • Drifting
  • Turning with wide radius
  • Difficulties in stopping
  • Accelerate rapidly
  • Slow response to signals
  • No headlights
  • Illegal turn
  • Follow too closely
  • Stopping for no apparent reason
  • Improper lane change

What is supposed to happen when I am arrested for a DUI in Tennessee?

  1. The officer is required to observe you for twenty minutes to ensure that you did not have any foreign substance in your mouth, consume other alcoholic beverages, smoke or burp which can alter the results of the blood alcohol test.
  2. If you consent to give take a breathalyzer test, then the machine which the officer uses to take your blood-alcohol level has at least eight requirements to be valid.
  3. The officer should be courteous to you, handle the arrest in a professional manner and transport you to a Tennessee jail for booking.
  4. If you have no prior criminal history there is a chance that the night court commissioner who reviews your case will allow you to be released through pre-trial diversion. If you are released on pre-trial diversion you do not have to post a bond. If you are a non-resident of the county in which you are arrested you will have to post a bond.
  5. You will need to locate a bondsman in Tennessee and pay approximately 10% of the bond that is set to him. He then guarantees the court that you will show up for your court date. If you fail to show up you will be liable for the entire amount of the bond.
  6. After your arrest, booking and release you will receive a court date. You should immediately contact an experienced DUI criminal defense lawyer at Barnette Law Offices, LLC, and set up an appointment so that the attorney may interview you about your case.

How many times will I have to appear in court?
It depends. If you give the attorney enough information in your initial interview and he or she finds weaknesses in the State of Tennessee's case you case may be resolved with only one court appearance. However, less than 5% of cases are resolved this way and many continue to a second court appearance. Although you may be anxious to tell your side of the story at the court appearance, the second hearing in Tennessee is actually a probable cause hearing to determine whether or not there was probable cause for the arrest and your case is bound over to criminal court.

How much will my DUI cost?
You will find attorneys who quote an extreme range in prices from as much as $15,000.00 depending on the details in your case.

The average DUI case at the General Sessions level requires only about five hours worth of work or $1,500.00.  No DUI charge alone should cost more than this.

You will probably receive numerous solicitations in the mail from attorneys who wish to represent you in court on your DUI in Tennessee.  Avoid them.

What are the penalties for a DUI in Nashville, Tennessee?

1st DUI Offense:
Up to 11 months and 29 days in jail and with a mandatory minimum of 48 hours of jail time and one (1) year of probation. You may be required to pick up litter for 24 hours and attend a Tennessee DUI school. The minimum fine for a DUI in Nashville, Tennessee is $350.00 and can be as high as $1,500.00.

Barnette Law Offices, LLC, can often times have the mandatory sentence suspended if you go to the Swaim Center in Symrna.

2nd DUI Offense OR DUI after a Reckless Driving Conviction:
You must serve a minimum of 45 days in jail and probation. If you have a substance abuse problem then sometimes up to 30 days of inpatient treatment can be substituted for the jail time; however, you will still need to finish the remaining 15 days of your sentence in jail. The fines are a minimum of $600.00, you may lose your driving privileges for 2 years, and you may receive alcohol treatment as well as an interlock ignition device being placed onto your vehicle.

3rd DUI Offense:
You must serve a minimum of 120 days in jail. The fines are a minimum of $1,000.00 and can be as high as $10,000.00. You may be ordered to drug and alcohol treatment, forfeiture of your vehicle as well as placement of an interlock ignition device on any future vehicles.

4th DUI Offense:
You are facing a felony that allows for jail time of one (1) year but not more than six (6) years. If you are convicted of a felony you lose the right to own a gun, you lose your right to vote and you lose your right to travel to some countries. Fines are a minimum of $3,000.00 and can be as high as $15,000.00.

Why am I being charged with a DUI if someone else was driving my car?
You are responsible for your vehicle and if the driver of your car is presumed to be driving under the influence then you will be as well.

Will I go directly to jail if I get stopped for a DUI in Tennessee?

Are the stops videotaped?
Some officers use a video device on their dash to record their stop of the vehicle. Some do not. An experienced DUI attorney in Nashville such as Jason Barnette will make a legal argument requesting a copy of the video to see whether or not there was probable cause for the stop.

Can they take away my driver's license if I refuse the breathalyzer?
Yes. There is presumption that if you drive a vehicle in the State of Tennessee that you are giving consent to have your blood test and that you are not impaired. You will lose your license for a year but should not be convicted of a DUI unless there is enough evidence gathered during the field sobriety test.

Can my DUI case in Tennessee be dismissed if the police officer did not give me my Miranda warning?
No. Miranda warnings are not required for a Nashville, Tennessee DUI.

DUI is a serious offense. You need a proven lawyer such as Jason Barnette who will fight to retain your driver's license, your car, and to keep you out of jail. Contact Barnette Law Offices, LLC at (615) 585-2245 for a free consultation or email



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