Implied Consent Law In Tennessee: Can You Refuse A Breathalyzer Or Blood Test?
It has become more important than ever to know what your rights are when you are pulled over by law enforcement. Implied consent laws state that by driving on Tennessee roads, you have implicitly agreed to submit to a breathalyzer test or other chemical test if asked by a police officer. However, an officer cannot […]
The Juvenile Delinquency Case Roadmap
If your child has been arrested, the first step to protect your child’s rights and ensure that their juvenile criminal charge does not have any long term impact on their life is to hire a juvenile criminal defense lawyer. Our attorneys understand that the thought of your child facing criminal charges is inevitably terrifying and […]
Medical Conditions That Can Be Mistaken For DUI
In evaluating a DUI case, it is important that an attorney be familiar with several medical conditions that can mimic impairment and lead to false arrests, or provide a defense to a DUI charge. The most common of these are diabetes, hypoglycemia, sleep apnea, and heart conditions. When combined with alcohol consumption (or in some […]
Can My Child Be Tried As An Adult For Their Criminal Offense?
If your child has been accused of a crime, you may be wondering if they can be tried as an adult. This is a difficult and scary time for any parent, but it is important to understand the facts before making decisions about your child’s future. Read on to learn more about how juvenile delinquents […]
Facts On Field Sobriety Tests Your Attorney Should Know
You’re at an evening social gathering, having a nice time. You’ve had a few drinks, but you still feel completely in control of your faculties. You decide to leave the party and head home in your vehicle. As you turn the corner not far from the house, you see flashing police lights coming up the […]
Helpful Tips For Your Upcoming DUI Hearings Or Court Cases
We’ve all had momentary lapses in judgement or made uncharacteristic mistakes. In most cases, we learn from these mistakes and move on with our lives without any major repercussions. This is not, however, always true, for first time DUI offenders, who may find themselves facing serious charges. Fortunately, those who find themselves in this situation […]
How Can I Get A DUI Charge Expunged In Tennessee?
In Tennessee, it is possible for those who have been charged with certain criminal offenses to have the record of those crimes erased, or expunged. While certain records, like files at the prosecutor’s office and some police records won’t be destroyed, all public records of the charge will be destroyed. Not all offenses can be […]
How Much Money Will A DUI Arrest Cost Me?
Drunk driving is a serious criminal offense in Tennessee, and there are significant costs associated as well. It could cost you your driver’s license, your freedom, and a significant amount of money. You may be wondering what you can expect to pay after a DUI arrest. At the Barnes and Fersten Law Firm, we want […]
Does It Matter If I Was Barely Over The Legal Alcohol Limit?
DUIs are among the most common criminal charges filed in Knoxville. There is no question: Authorities take drunk driving seriously. The Tennessee Highway Patrol (THP) reports that 114 DUI citations were issued by its officers in Knox County in 2022. Other drivers were arrested for intoxicated driving by the Knoxville Police Department or the Knox County Sheriff’s […]
What Is An Affirmative Defense To A Criminal Charge?
The presumption of innocence is one of the most important principles in the American criminal justice system. When police and prosecutors bring a charge, they have the burden of proving the defendant’s guilt beyond a reasonable doubt. If the state cannot prove every element of the selected charge beyond a reasonable doubt, then the defendant […]
