Even for a first offender, the minimum penalties include jail time. A first time offender can expect to spend a minimum of 48 hours in jail. If you offer a blood or breath test, and your blood alcohol content is over 0.20, the minimum jail sentence is 7 days, which must be served consecutively. You will have to attend a DUI school and will owe court costs (which vary depending on your case) and pay a minimum $350 fine. You also lose your license for one year and could be ordered to put an ignition interlock device on your car. The court can also order drug and alcohol treatment if there is indication you have a substance abuse problem.

For a second time offender, the punishments get even more severe. A minimum 45 day jail sentence is required, as well as an increase in the minimum fine from $350 to $600. You lose your license for two years, and cannot obtain a restricted one until after the first year. Like a first offense, DUI school is required. Additionally you could have your vehicle forfeited and an interlock ignition device could be ordered installed on your vehicle.

A third offense DUI gets even more severe. Though still a misdemeanor, the penalties closely mirror that of the more serious felony fourth DUI offense. A third offense DUI carries a minimum of 120 days in jail. You lose your license for 3 to 10 years, with no prospect of receiving a restricted license. As with a second offense, you must attend DUI school and can have your car forfeited. The minimum fine amount is $1100.

A fourth offense and every offense thereafter is considered a Class E felony. The minimum jail time for a fourth offense DUI is 150 days. The minimum fine amount increases to $3,000 and your license will be revoked for a minimum of 5 years with no eligibility for a restricted license. As with a second and third offense, you must attend DUI school, could have your vehicle forfeited and could be ordered to install an ignition interlock device on your vehicle.

Additional punishments can be levied if someone is killed due to a DUI driver, or if a child is injured who is under the age of 13. Additionally, there are penalties for not submitting to a blood alcohol test that can range from 1 to 5 years loss of license, depending on the circumstances and one’s prior record. The implied consent law is a civil penalty, however, and does not carry with it any potential jail time. The interlock device requires one to blow into it each time before starting his or her car, and periodically thereafter. It usually costs several hundred dollars a year to maintain, and that cost is borne by the offender.

First through third DUI offenses are all misdemeanors, but all can carry up to 11 months and 29 days in jail. So, the minimums above are not necessarily the sentences always imposed. Judges and assistant district attorneys often consider the underlying facts and history of the individual being charged and convicted when determining the proper level of punishment. The minimum offenses are welcome if one is truly guilty, but they are not required to be offered by the state. Sometimes, if the facts are in one’s favor, the amended charge of Reckless Driving, which is a Class B misdemeanor, can be negotiated. However, Reckless Driving is not a lesser charge of DUI and cannot be instructed at trial.

If you or someone you know has been charged with a DUI, contact us IMMEDIATELY at (615) 346-2213 or through this easy to use form below.

1. Be courteous to the officer. Remember, he is just doing his job. The more pleasant you are, the more pleasant a potential unpleasant experience will be.
2. Keep communication to a minimum. Answer questions directly and clearly. If you have been drinking, there is no requirement that you go into detail about how many drinks you have had or where you have been. Being respectful and direct does not require that one become gabby and endanger one’s defense. Any statements you make can be used against you.
3. Refuse any field sobriety tests. If the officer asks you to exit the car, politely refuse to do any field sobriety tests. This includes counting, saying the alphabet backwards, standing on one leg, walking a straight line, following the finger, or touching one’s finger to one’s nose.  Passing these tests sober can be difficult for many people in the best of conditions.  Nothing good can come of participating in any of these tests.  Keep your focus on your defense, not the prospect of whether or not you are going to be arrested. Bail is typically minimal for a DUI arrest, so you will be able to get out fairly quickly if an arrest is made.
4. Refuse any blood alcohol tests.  Do not consent to a breathalyzer or blood alcohol test. Even if you feel fine, sometimes the tests over register, and if you drink alcohol regularly, you may not feel intoxicated even though you are over the legal limit.  The reason that police ask you to take these tests is to obtain evidence against you for prosecution.  Politely decline. You will lose your license for a year, but that will happen anyway if you are convicted of a DUI (along with a lot of other nasty things). We can always help you get a restricted license.
5. Call us and secure represenation. If you do all the above (and especially if you did not), a good defense is the next step. We represent DUI clients of all types and have successfully represented over one thousand criminal clients.  Use the contact form below, or give us a call anytime at 615.346.2213.

Edward McGee, 61, pleaded guilty to second-degree murder in the death of Deborah Ray and was sentenced to 20 years in prison by Judge Robert Crigler. McGee entered the plea on Monday.

McGee has already served more than 40 years for the slaying of 8-year-old Phyllis Seibers, Deborah’s cousin, on the same December day in 1966 that Deborah was killed. He never stood trial for Deborah’s death.

The reason is that some crimes are so serious that the need for punishment outweighs the concerns remedied by a limited time for the state to bring the action. Statutes of limitation exist primarily for the benefit of the accused. Over time, witnesses become unavailable through relocation or death, and memories fade. Both of these natural progressions affect the defendant’s right to a fair trial.  In Tennessee, as in most states, the legislature has decided that society’s interests in prosecuting the taking of a life outweighs the need to limit the state’s ability to prosecute.

If you have committed a crime, or know there is a warrant pending against you, it will never go away. You need legal represenation and advice now. It is much easier to discuss your defense now, without the immediate pressures of incarceration, then some time later when the police ram through your door and arrest you, ensuring a higher bail than you might otherwise have received for peaceabley turning yourself in.

In short, if you know the police are looking for you, contact us today.

A few days later, a report was made by the helped individual that a two karat diamond ring was missing. The police began to question everyone, including the paramedic, who told them what happened. A couple weeks later, he was approached by the police again. They told him the investigation had “stalled”, and requested that he come in for additional questioning and a polygraph test. He wanted to know what to do.

To start, you are under no obligation to talk to the police. An investigation can only stall for one reason – there is not enough evidence to continue. In this case, we knew only that 1) a ring may or may not have been stolen, and 2) if it was stolen, no one knows who did it. All the DA needs is probable cause to begin a criminal prosecution. Failing a polygraph (whether you are guilty or not) or looking nervous in an interview is sufficient for a prosecutor to move forward with a prosecution under the above facts. It may not result in a conviction, but that’s not the point.

Defending a criminal prosecution is stressful and expensive. Avoiding it is always the best option. Usually when the police want to talk to you, it is isn’t about making sure you are innocent.