DUIs can happen to anyone. Maybe you felt fine to drive, but you didn’t pass a blood or breathalyzer test. If you’re arrested for a DUI, what are your options? And can a DUI attorney help you defend the charges?
The good news is that you may have defenses available. And, our attorneys will do everything we can to minimize the legal consequences. At Barnes & Fersten, our experienced criminal defense lawyers are waiting to help you fight DUI charges. Even if you failed a blood test, we want to help.
Don’t delay in getting the legal support you need. Let us be your advocates. Call our DUI attorneys today if you’re over the legal alcohol limit in Tennessee.
The Legal Alcohol Limit in Tennessee
You can be arrested for driving under the influence (DUI) if there’s a certain amount of alcohol in your system. If your blood alcohol concentration (BAC) is above specific thresholds, you could face charges.
In Tennessee, the usual BAC limits are as follows:
- Drivers aged 21 and over: 0.08%
- Drivers under 21: 0.02%
- Commercial drivers while driving their commercial vehicle: 0.04%
Why do we have different limits? Because there are different risks associated with each category of driver. For example, take a commercial driver with a BAC over the legal alcohol limit in Tennessee. Given the size and power of a commercial vehicle, it’s especially dangerous for a driver to be over the limit.
Similarly, young drivers don’t have the same road experience as mature drivers. That’s why Tennessee has a “zero tolerance” policy towards young drivers and sets a low limit.
If you’ve found yourself with a BAC above these limits, you might feel like the odds are stacked against you. But it’s crucial to remember that a DUI charge does not automatically mean a DUI conviction. At Barnes & Fersten, our mission is to craft a defense that takes into account every detail of your case, no matter your BAC level.
DUI Charges
DUI charges depend on:
- The level of intoxication
- Whether you’ve had a DUI before
- If there are aggravating factors e.g. there’s a minor in the car
Penalties range from fines to imprisonment. Other common penalties include ignition interlock devices, alcohol treatment, and mandatory testing.
DUIs can be misdemeanors. However, serious charges – like child endangerment or vehicular homicide – are felonies. If you’re facing such charges, you need legal advice immediately.
The Power Of Detailed Case Analysis: Your Defense Is Our Mission
We understand that each DUI case is unique and requires a tailored approach. Our comprehensive case analysis process is designed to ensure that no stone is left unturned in your defense. This meticulous approach not only helps us identify any weaknesses in the prosecution’s case, but also allows us to better understand your personal circumstances and the potential impact a DUI conviction could have on your life.
Reviewing the Evidence and Procedures
Our legal team leaves no stone unturned in scrutinizing the details of your case. This process starts with an exhaustive review of all available evidence, which extends beyond the police report.
We dissect the arresting officer’s statements for inconsistencies, observe the dash camera to determine if the officer can assert specific and articulable facts to justify a stop of your vehicle pursuant to traffic laws, critically assess the administration of field sobriety tests for strict adherence to standardized protocols and delve into the calibration and maintenance records of any breath or blood testing equipment used to ensure their accuracy and reliability, as well as the measurement certainty of those results.
Both breath tests and blood tests have their own unique requirements for the evidence to be admissible in court. However, even if the evidence is admissible in court, it does not necessarily mean that the evidence is reliable.
For example, we may observe a disconnect between our clients’ appearance on body camera footage and the blood or breath evidence. We use this to our advantage to argue the blood or breath test cannot be reliable because our client would be exhibiting certain behaviors that you simply do not see on the blood or breath results.
The assessment doesn’t end there. We also rigorously examine the procedures followed during your arrest. From evaluating the legitimacy of the initial traffic stop’s reasonable suspicion to scrutinizing the officer’s compliance with your constitutional rights throughout the encounter, we ensure every aspect of your case is handled with the utmost care and precision.
Our DUI Attorneys in Tennessee Know How to Get Results
Our lawyers have the experience to defend any type of DUI charge.
For example, we have gotten cases dismissed through hearings for an officer’s failure to establish specific facts to justify a stop in numerous cases where clients’ BAC was significantly above a .08%. Similarly, illegal seizures for an arrest based on a unanimous 911 call or a lack of a full investigation have resulted in us getting cases dismissed where the BAC was above a .08%.
In addition to getting cases dismissed with a high BAC, we have gotten cases reduced to reckless driving or reckless endangerment even where our clients’ BAC was as high as .30%. It is important to note that every case is different but our attorneys will explore every nuance in the law to determine if we can get your case dismissed or reduced despite a high BAC on a blood or breath test.
DUI Defenses in Tenessee
There are various defenses to DUI charges. As experienced attorneys, we can walk you through which ones may apply to you. However, common defenses we may employ include:
- Violation of constitutional rights
- Improper police procedure
- Inaccurate testing
- Technical errors
After we perform a detailed case analysis, we’ll explain your legal rights. We’ll discuss how we’ll build a defense strategy tailored to your situation. This could mean presenting alternative explanations for the evidence or outright rebutting its validity.
Let Barnes & Fersten Fight For You
Our in-depth case analysis at Barnes & Fersten is not just a process—it’s a commitment to you, our client, to provide the most comprehensive and effective defense possible. We don’t just uphold the law and protect your legal rights. We fight for your future and give you the defense you deserve.
If you were driving over the legal limit and you’re facing DUI charges, don’t leave your future to chance. Give yourself the best chance at a favorable outcome. Don’t let a drunk driving charge ruin your life.
Contact Barnes & Fersten today. We will quickly get to work on your case and work tirelessly on your defense strategy.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
