1. Refuse the Breath Test: The officer will read the implied consent law. They will scare you that you are going to lose your license if you do not comply. You will.  However, a restricted license for violating the implied consent law is easy to get. And the hours you can get permission to drive within are rather limitless.  But if you lose you license because you blew more than a 0.08 BAC? You have to take the driving test, the eye test, your insurance goes up, and you just handed the state a DUI conviction on a silver platter. Life can go from slightly inconvenient to Charlie Brown kicking a football in about 20 minutes (that’s the time the DUI officer has to watch you before administering the breathalyzer).

2. Make No Admissions: Say nothing. If you’re asked “Have you been drinking tonight?”, just politely refuse to answer. Never offer how many drinks you’ve had (never, ever say “just a couple”!). Never provide a list of what types of drinks you may have had, what kind of fruit was in them, or whether you used a straw with your beer. Never state how long you were anywhere. Silence is golden, especially when it comes to your defense. Your defense lawyer (as in, me) will love you for it. You’ll be happier, too.

3. Don’t Stand on One Leg, Follow a Finger, or Touch Your Nose, or any other circus tricks: So-called Field Sobriety Tests (FSTs) are inherently flawed but still are permitted to be used by law enforcement. All they do is offer evidence against you. I have a bum knee from a soccer injury when I was 20 – there’s no way I could pass the FST’s sober. You shouldn’t try them either in what is already a stress escalating situation.

4. Don’t Mouth Off at the Cop: When it comes to negotiating with the assistant district attorney, it helps if the arresting officer doesn’t hate your guts.

5. Act Quickly: Retain an attorney within a few days of the incident. That way things like surveillance film, witnesses, and things that can generally help your case are easy to find and preserve.  Don’t wait until the day before court to decide to get a lawyer, which is something you were going to have to do anyway.

Okay, so even if you didn’t perfectly follow the above list, all is not lost. I can still help, and there are always things that can still be done no matter what evidence the state has against you. Contact me if you have questions! (615) 346-2213, or use the form below.

Nathan Moore is a DUI lawyer based in Nashville, Tennessee.

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.

When pulled over for a DUI, there are a couple of things one should keep in mind. The first is that one should be respectful. The officer is only doing his or her job. Answer questions directly and as they are asked. The second point to remember is that your cooperation with law enforcement should end when you start incriminating yourself. The Fifth Amendment of the United States Constitution gives you an inviolable right against self-incrimination. All states have their own state constitution counterpart to the federal amendment. There is never an obligation to implicate oneself in wrongdoing.

For instance, if the officer asks you if you have been drinking, you may decline to answer. If specific questions are asked regarding the amount you have been drinking, you again are under no obligation to answer. If the officer asks you to step out of the car, you may then ask if you are under arrest. At no time must you exit the vehicle and perform and tests or answer any further questions. Field sobriety tests, such as the one-legged stand and the line walking test, can be failed by someone who is completely sober. In short, they don’t tell much about your sobriety, but failure or a deficient performance on any one of them creates the perception, as wrong as it may be, of guilt.

The overall thing to remember is that you are under no obligation to incriminate yourself. No matter what assurances the officer gives you, the prosecutor is always the one who makes the final decision on how to handle your case. At the very most, be cordial, respectful and polite, but do not cave to the pressure to “cooperate”. It will not make things better, and almost always makes things worse. I have never in all my years of practice thought “Gee, I wish my client would have talked to the cops more.” However, I have said the exact opposite to myself many times – I wish they had talked less. Often, a lot less!

If you do not offer a breath sample or a blood sample, and do not participate in any field sobriety tests, you stand a good chance of getting the initial DUI charge reduced or dismissed. This isn’t manipulating the system – it’s simply exercising your constitutional rights. You can only exercise them if you know them, and that’s the point of this article, to make sure you are properly educated and equipped in the event you are ever stopped and arrested for something you may in fact not have done.

If you or someone you know has been charged with a DUI in Tennessee, contact us immediately.

The Sahel Kazemi arrest warrant offers a few details, and in my DUI experience, appeared to be pretty standard. It makes no mention of McNair, who co-owned the Escalade Kazemi was driving.

Needless to say, this affects us all in Nashville. At this moment, there do not appear to be any legal implications. The Metro Police are not currently looking for a suspect.

Client was arrested for driving slowly and straddling the line of two lanes on I-65 near Hendersonville, Tennessee. The officer noted in the arrest warrant that his speech was slurred and his eyes appeared blood shot. As I always advise, my client refused the breath alcohol test, but did perform somewhat poorly on the field sobriety tests.

At court, negotiations began, and it was agreed that a plea deal could be in order if my client would submit to a drug screen. He did, and the results came back negative. Client pleaded guilty to the amended charge of Reckless Driving.

If you have been charged with a DUI in Sumner County or elsewhere in Tennessee, please contact me immediately. Your rights can only be defended with a competent and experienced lawyer by your side.

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.

Charges: DUI 2nd, Driving on a Suspended License, Failure to Submit to Breath Test

On December 15, 2008, M.M. was pulled over for speeding – going 110 mph in a 70 mph zone. Officers reported he was unsteady on his feet, smelled of an alcoholic beverage, and could not perform any FSTs (field sobriety tests).

After intense negotiations with the prosecution, a plea agreement was reached that allowed M.M. to plead guilty to reckless driving and violation of the implied consent law. He is to serve 6 months on probation and do 24 hours community service. The DUI 2nd was dropped, as well was the Driving on a Suspended License charge.

Needless to say, M.M. was pleased with the outcome.

If anything, this sort of requirement will result in a bona fide boom in the used car market.

In no way should anyone think that I condone drunk driving, and if you are convicted of drunken driving in Tennessee, many judges now require you to install an interlock device on your personal vehicle. However, I do understand that not all people arrested for DUI are actually impaired. In fact, many are not, and I enjoy defending them.

If you are charged with a DUI, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.  Learn more about our DUI defense here and read about one of our recent successes here.

October 14, 2008

C.G. was stopped on Hermitage Avenue in Nashville by an officer who said he saw C.G. swerve over the dividing yellow line. Upon seizure, the officer noted he detected a smell of alcohol on C.G.’s breath.  No blood tests were performed.

Negotiations with the state resulted in a reduced charge, only 6 months probation, and a small fine, but most importantly, no DUI on C.G.’s record.

If you are charged with a crime, it is vital to get a good criminal defense lawyer on your side. If you or someone you know has been charged with a crime, contact us today.

But, one should never forget, the only way the state can get that particular bit of evidence against you is for you to allow them to get it. In short, DUI’s are significantly easier to defend if you do not do a breath test.  Add to that, there is never a good reason to do a field sobriety test, either. No one says you have to incriminate yourself. If the only evidence the state has against you is that your right tail light is out, it will be exceptionally difficult to convict you of a DUI.

The problem is that many people who are in a DUI-type situation have little experience with law enforcement, and have a healthy respect for the authority of an officer of the law. It is good to have that respect; however, anytime an officer asks you whether you want to do something, your fate rests in your own hands. Contrary to what the officer might tell you, cooperation seldom makes things better, and likely will make things worse. Outside of the most egregious facts, where someone is pulled over for weaving, swerving, or hitting something, the only evidence the state has against you would be what you give them.

So, if you are pulled over, remember – you have the power to save yourself. Then call us.