Immediately after a DUI arrest, it’s crucial to follow pretrial release or bond conditions and report to the pretrial office within 72 hours if required. Reviewing and adhering to these conditions is essential to avoid potential revocation of bond or pretrial release. Contacting a DUI attorney as soon as possible can alleviate stress and provide guidance, as well as help amend bond or pretrial conditions, such as ignition interlock devices, scram devices, drug testing, or reporting requirements. An experienced lawyer can potentially remove or amend unfair conditions promptly, even before your first court date. For more insights on navigating the aftermath of a DUI arrest, read our blog post on the topic.

If you’re pulled over for DUI in Tennessee, exercise your right to remain silent, only providing basic information such as your driver’s license, registration, and insurance. Limit conversation and remember that standardized field sobriety tests are voluntary; refusing them may lead to arrest, but can prevent additional evidence against you. Though providing a blood or breath sample can make the state’s case easier, there can be issues with their admissibility and reliability. A shorter interaction with the officer and limited conversation can make it more difficult for the state to prove impairment. Read our blog on this topic for more information.

Tennessee enforces strict DUI laws, even for first-time offenders. A first-time DUI conviction carries a minimum of 48 hours in jail, with credit for time served during arrest, up to a maximum of 11 months and 29 days in jail or on probation. Additional mandatory requirements include a one-year license revocation, fines between $350 and $1,500, court costs, and a 12-hour state-approved DUI education class. Under specific circumstances, mandatory minimum jail time may be enhanced: seven days for a BAC above .20, and an additional 30 days if a child was in the vehicle. Criminal history and other factors can influence the State’s offer and potential jail time. Our DUI attorneys strive to avoid DUI convictions, mandatory jail time, and license revocation through negotiations, reducing charges, or seeking dismissals. If a conviction is unavoidable, we work tirelessly to minimize the client’s risk and penalties. Our blog on this subject goes into more detail.

Most lawyers will charge separately for General Sessions Court and Criminal Court because most DUI cases get resolved prior to a jury trial in Criminal Court. A DUI lawyer may cost anywhere from $2,500 to $15,000 for the General Sessions Court phase of your case.  

A DUI case takes a lot of time and resources to defend properly with a clear strategy and end goal that meets the client’s realistic expectations and goals in retaining representation. An attorney cannot take on hundreds of cases for a low fee and expect to be successful in reaching their clients’ goals. That is why Barnes & Fersten limit the number of cases we take on throughout the year to ensure we have the time and resources to focus our attention on you, our potential client, because your needs should not be ignored during the most difficult and stressful time of your life in facing potential jail time and a loss of your driving privileges. 

We understand that no one expects to be arrested for DUI or spend a large lump sum of money on retaining an attorney. For this reason, we offer payment plans with a down payment followed by monthly payments. We do not want your financial situation to cause you to be unable to receive the highest level of DUI defense possible with a strategic plan and a cohesive team of attorneys all working together towards the best result possible in your case.

Arraignment: Your first court date is usually an arraignment. The purpose of the arraignment is to ensure that you understand:

1. The charges against you;
2. Your pretrial release or bond conditions; and
3. You have the right to be represented by an attorney;

If you hire an attorney before the arraignment, generally your lawyer will be able to take care of the arraignment for you and you do not have to appear for the initial court date. The reasoning being that you already discussed the charges you are facing and your bond conditions with the attorney you retained. Your attorney and the prosecutor will pick a new court date generally 1 to 2 months from the arraignment to provide us with time to prepare your case to negotiate with the prosecutor about your case.

Maybe. At Barnes & Fersten we do everything we possibly can to prevent you from being convicted of DUI if possible. We will review all the evidence in your case but also learn a lot about you and the effect that a conviction would have on your life to use to your advantage during negotiations with the prosecutor assigned to your case. Although every case is different and no lawyer can ethically promise you a result, we routinely get cases reduced or dismissed where our clients have provided a blood or breath sample with a BAC above a .08% and even as high as a .30%.

There are a variety of ways that we can get a case resolved even with a BAC above a .08% because of a serious legal issue and/or constitutional violation that occurred during the officer’s investigation. Hiring a highly skilled DUI attorney gives you the best chance at avoiding a DUI conviction and the collateral consequences of a conviction that remains on your record for life.  

Potentially. The attorneys at Barnes & Fersten will do everything possible to get your DUI charge reduced to a reckless driving, or even dismissed entirely, if possible. Generally, a reckless driving plea offer eliminates a lot of risk and is a favorable resolution in most DUI cases to reduce the risk of proceeding to trial on a case that is strong for our client. A reckless driving is a Class B misdemeanor that in most circumstances will require six (6) months of unsupervised probation (DUI carries 11 months and 29 days), no jailtime, no loss of license, and no fine.

Tennessee is very strict on DUI charges, even for an individual who has no criminal history, but our attorneys have a longstanding history of getting cases reduced to reckless driving or reckless endangerment even in cases where a blood or breath result comes back above a .08%

Following an arraignment in East Tennessee, your case transitions into a comprehensive process encompassing several crucial stages. First is the investigation stage, where our attorneys diligently accumulate key evidence, including bodycam footage and medical records. Next are the status dates – a series of court appearances that enable us to negotiate with the prosecutor, address legal issues surrounding your arrest, and potentially challenge the arresting officer’s credibility. The final step entails preliminary hearings, where opportunities may arise to dismiss your case or secure valuable testimony for your defense.