DUI Case Results - Barnes & Fersten Law Firm

Award Winning Client Service, Proven Results

Barnes & Fersten - Proven Results

Our focus on knowing DUI laws and officer training better than officers who go through training once and forget it helps result in the results we accomplish in DUI cases. 

We are known as Knoxville’s best DUI attorneys for a reason. We handle every DUI case as if it is our only case. Surpassing our clients goals and expectations is what we strive to accomplish by getting DUI cases dismissed or reduced to avoid the mandatory jail time and loss of license that could cause our clients to lose their jobs, livelihood and family life.  

DISCLAIMER: Please remember, every case is different and past results cannot predict or guarantee any particular result of your specific case. 

DUI Case Results

DUI with .182 BAC and Accident - Reduced to Reckless Driving

Our client was alleged to have red, watery and bloodshot eyes, thick, mumbled and slurred speech, a strong odor of alcohol, unsteadiness on his feet, failed field sobriety tests, admitted to consuming 3 tequila shots about 30 minutes before the car wreck and his breath sample yielded a .182. After reviewing the body camera footage and preparing the case for a hearing we were able to negotiate a reduction to a reckless driving with no jail time or loss of license.

DUI (Marijuana) and Due Care Violation - Reduced to Reckless Driving

Our client was investigated and later arrested for DUI after causing a minor accident. The arresting officer claimed the client failed field sobriety tested and admitted to frequently using Delta 9 THC. After a thorough investigation we negotiated a reckless driving plea without any jail time or loss of driver’s license.

DUI and Open Container - Dismissed

Our client was pulled over when someone called in on him for erratic driving which the officer did not observe. An officer cannot rely on an anonymous 911 call without observing erratic driving to stop a moving vehicle. After putting up an aggressive defense all charges were dismissed and expunged. 

DUI with .118 BAC and Possession of a Weapon Under the Influence - Reduced to Reckless Driving on Diversion and Weapon charge dismissed

Our client was pulled over for speeding and during the stop the arresting officer did a DUI investigation. After administering field sobriety tests the officer arrested the client and then found a handgun in his car. After being hired we uncovered numerous deficiencies in the officer’s investigation and determined that the officer got our client’s signature on the implied consent form 30 minutes after drawing a blood sample. Despite the State arguing voluntary consent, we were able to prove that pursuant to the implied consent statute, the signature was required before drawing blood for the sample to be admissible which led to a great result for our client that will allow the charge to be dismissed entirely off his record.

DUI with .24 BAC- Reduced to Reckless Endangerment on Diversion

Our client had a commercial driver’s license which he relied on for his livelihood. The blood result came back high, but with some great work on the client’s behalf and our guidance, the DUI charge was amended and all charges will be dismissed upon the completion of a diversion period. 

After our client was involved in a tragic accident in which another driver died the State indicted him for Vehicular Homicide by Intoxication. The State had 2 experts testify that our client’s blood levels were extremely high for Oxymorphone and Xanax causing the accident. After a hard fought trial in which multiple expert witnesses were called the jury concluded intoxication was not the cause of the accident and death and convicted only on lesser counts saving significant potential years in prison. 

DUI - Not Guilty at Trial

Our client was pulled over for speeding on the interstate after watching a college football game at a bar. He didn’t believe he was impaired but the officer thought otherwise. After the State refused to negotiate any reduction on the DUI we took the case to trial and the jury found our client not guilty.  

DUI with .108 BAC and Simple Possession - Motion to Suppress Granted and Case Dismissed

We identified what we believed to be an illegal stop of our client’s vehicle and took this case to a preliminary hearing where Mr. Fersten cross examined the officer, brought out the facts that would support or motion to suppress and at the end of the hearing argued that our client’s 4th Amendment rights were violated by the stop, thus invalidating the arrest. The Judge agreed and the case was dismissed. 

DUI with .158 BAC - Amended to Reckless Endangerment

After our client’s blood results came back at nearly twice the legal limit we were able to negotiate successfully an amendment to another misdemeanor charge that saved his driver’s license and kept him from serving any jail time. This result was due to our investigation that revealed limited evidence upon which the state relied for its arrest and the search warrant to draw the client’s blood. 

DUI 2nd - Reduced to Reckless Driving

After our client was charged with DUI 2nd offense, our investigation showed that the proof of his impairment was fairly limited and brought up questions about the validity of the search warrant. Based on those issues we were able to negotiate a reduction of the charges to a reckless driving, saving our client at least 45 days in jail and his driver’s license. 

DUI 2nd - Dismissed

After preparing our client’s case for a preliminary hearing and a motion to dismiss for deficiencies in the arrest warrant, we argued that the charging document was invalid and therefore our client should have never been arrested. Ultimately, we got the case dismissed allowing our client to avoid the mandatory 45 days in jail and she got to maintain her driving privileges. 

Felony Evading Arrest and DUI with .11 BAC - Dismissed

Our client had a CDL and drove for a living. He admitted to consuming 4 alcoholic beverages within the last hour, had an odor of alcohol, bloodshot eyes, slurred speech and vomit on his shoes. After lengthy negotiations with the State all charges were dropped. 

Our client had a vehicular assault and DUI charges stemming from a serious head-on collision wherein she was driving on the wrong side of I-40 with a .30 BAC causing serious bodily injuries to the victim. At the sentencing hearing we convinced the judge that vehicular assault was eligible for diversion, despite DUI being ineligible, and convinced the judge that our client deserved the diversion to not be a felon for the rest of her life. We were extremely excited about our client getting a second chance rather than being a convicted felon, and our client was beyond appreciative of our efforts in securing this victory on her behalf. 

DUI with .16 BAC - Reduced to Reckless Endangerment on Diversion

Our client’s job was on the line if he was convicted of DUI. We fought hard over numerous court dates to demonstrate that our client deserved a second chance. As a result, we convinced the prosecutor to reduce our client’s DUI to reckless endangerment on a judicial diversion so the case will be dismissed in 1 year.

DUI, Felony Evading, Felony Reckless Endangerment - Felonies Dismissed, DUI reduced to Reckless Endangerment

Our client nearly hit multiple officers with his police car resulting in felony reckless endangerment charges. Once he stopped on the side of the highway and officers began to approach his vehicle, our client drove off causing him to be charged with felony evading arrest. However, we were able to find numerous inconsistencies in the officer’s statements based on the video related to the allegations of slurred speech, unsteadiness on feet, and the officer’s failure to proceed with an implied consent blood draw request after our client denied consent initially. Ultimately, our client avoided felonies, the mandatory jail of a DUI conviction and maintained his license without any restriction.

DUI with .218 BAC and Accident - Reduced to Reckless Endangerment Diversion

Our client was alleged to be extremely intoxicated following him hitting 3 vehicles in a parking lot. His BAC confirmed it. However, officers waited 20 minutes for a THP officer to arrive on scene to conduct fields, despite 3 other officers who knew how to conduct fields being on scene. The State agreed to allow our client to get the case dismissed through a diversion after maintaining his sobriety for 1 year.

DUI .291 BAC and Leaving the Scene- Reduced to Reckless Endangerment Diversion

Our client’s husband picked her up after a witness called the police following a car accident. Our client parked her vehicle in the garage before a police officer showed up to her house 30 minutes later. We argued that she drank at home and took prescription medications that caused her to appear impaired. We also successfully argued that our client did not leave the scene of an accident because there were no injuries and the other individual drove off so she was under no obligation to wait for police. Therefore, police illegally arrested her without a warrant at her house causing the blood to be inadmissible. The State ultimately agreed to allow her to have charges dismissed after 1 year of sobriety.

DUI after 10 THC gummies- Dismissed

Our client was pulled over after an off-duty officer called 911 regarding erratic driving. Our client admitted to consuming 10 THC gummies 30 minutes prior to operating his vehicle. Officers failed to request blood because the admission seemingly was enough for them. Our client refused fields. Case dismissed. 

DUI 3rd Offense- Pled to 1st with no jail time

Our client was in a single-vehicle accident that resulted in serious damage to the vehicle. She denied medical attention so police conducted their investigation. Medical records from days afterwards confirmed she suffered a concussion that can cause similar indicators as alcohol impairment. The State failed to get a search warrant for blood so the State agreed to reduce the DUI 3rd to 1st with no jail time. 

Prescription Drug DUI- Pled to lane violation

Client appeared erratic and sluggish. Police believed that she was impaired off her prescription medications including xanex and other meds. Shortcomings in the officer’s investigation led to the State agreeing to dismiss the DUI but have her plead guilty to the traffic violation on a $50 fine and court costs. No jail, probation or loss of license.

Client drove home after consuming some drinks after closing at a bar and restaurant. Officer immediately smelled alcohol and marijuana. Confirmed to have a .12 BAC. State agreed to reduce the charge to reckless endangerment. 

DUI -Pled to Reckless Endangerment

Our client was pulled over after hitting a parked vehicle. Client allegedly failed fields and had all the common indicators of impairment. State ultimately agreed to reduce to RE. 

Federal DUI- Dismissed

Our client who allegedly failed field sobriety tests in the national park conducted by a park ranger ended up providing a breath sample of a .13. The federal prosecutor agreed to dismiss on court costs after we challenged the ranger’s ability to conduct sobriety tests and failure to adhere to specific requirements for breath testing.

DUI (Marijuana) - Dismissed

Our client was investigated and later arrested for DUI after his dentist called 911 alleging he left the office impaired and smelled of marijuana. Police did not independently observe any erratic driving behavior despite following behind him. We convinced the State that it was an illegal stop and they dismissed the case. 

DUI BAC .18- Reduced Aggravated Reckless Driving

Our client provided a .18 blood test but there were a number of reasons to believe he had high sugar levels that caused him to appear intoxicated. Instead of arresting him after fields, officers wanted to confirm that he did not have high sugar levels because they knew it could cause similar behavior. Paramedics verified a sugar level above 200 but wrongfully concluded that it was within normal range. High sugar levels likely caused fermentation of the blood considerably increasing the BAC that should and could have been below a .08. After consulting with one of our experts and providing a report to the State, they agreed to reduce it requiring no jail or loss of license. 

Prescription Drug DUI (Amphetamines)- Dismissed

After being arrested by an ARIDE and DRE officer, the officer wrongfully determined our client was impaired off a CNS depressant. We argued that it was clearly a CNS stimulant that actually helped our client drive better. As a result, the State agreed to dismiss all charges. 

DUI with .24 BAC- Reduced to Reckless Endangerment on Diversion

Our client had a commercial driver’s license which he relied on for his livelihood. The blood result came back high, but with some great work on the client’s behalf and our guidance, the DUI charge was amended and all charges will be dismissed upon the completion of a diversion period. 

Our client was pulled over by TWRA. TWRA officers do not know how to properly conduct SFST’s. Consequently, we argued over the validity of the arrest and the blood draw ultimately resulting in us resolving the case that will be dismissed after 1 year. 

DUI 2nd and Domestic Assault- All Charges Dismissed

Numerous issues during the officer’s investigation led to the State agreeing to dismiss all charges. 

DUI with .16 BAC, Accident and Admissions- Dismissed

This was a unique case where our client’s legal case was not the strongest but we were able to show the prosecutors how a DUI would completely change our client’s life. As a result, the State agreed to dismiss the DUI. 

DUI with Child in Vehicle, Child Endangerment, Implied Consent- Reduced to Reckless Endangerment, DUI and IC Dismissed

After building up the defenses in our client’s case, we convinced the prosecutor to reduce the child endangerment to reckless endangerment, and dismiss both the DUI and implied consent where our client completed sobriety tests in 3 inch heels and did not have slurred speech. Her 9 year old was in the vehicle resulting in a mandatory 32 days if convicted. We avoided all jail, effect on license, and agreed unsupervised probation. 

DUI and Implied Consent- Reduced to Reckless Driving, Implied Consent Dismissed

Our client was pulled over for erratic driving and arrested for poor performance on fields. We convinced the prosecutor that the driving was actually not indicative of impairment and he had medical reasons for bad fields. We argued that he did not sound or appear impaired. We agreed to a reckless driving that will be dismissed in 6 months. 

DUI and Implied Consent- Reduced to Reckless Driving

Our client refused to perform field sobriety tests and refused blood. He did not sound slurred on the video but he had erratic driving and other indicators of impairment. The State agreed to reduce the case to reckless driving on diversion to be dismissed in 6 months. 

DUI with Accident- Reduced to Reckless Endangerment

Our client left a baby shower and got into a car accident off the side of the road. Officers almost immediately handcuffed her without performing any type of investigation. The officer believed she was impaired so he did not even request sobriety tests or blood. The prosecutor felt that the client acted erratic and was clearly impaired but agreed that there were issues in the case. 

Our client was not pulled over due to poor driving but she was pulled over at a DUI checkpoint. Our client lacked the common indicators of impairment when we reviewed the video, despite the officer claiming otherwise. Her blood results came back below a .08 with marijuana in her system. We convinced the prosecutor to dismiss the case.

BUI - Reduced to Reckless Endangerment with Diversion

Our client was pulled over on his boat after a night at Cheers. The officer conducted the TWRA test on him to determine he was impaired. Blood results were above a .12. However, we indicated issues with the officer’s investigation to get a reduction to reckless endangerment, avoiding the mandatory jail of a BUI conviction and/or diversion.

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