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DUI LAWYERS IN SEVIER COUNTY

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DUI LAWYER SEVIER COUNTY

Law enforcement and courts in Sevier County take driving while under the influence (DUI) charges very seriously. If you have been arrested for DUI, you need a Sevier County DUI lawyer who also takes your charges seriously and can take the necessary steps to protect your rights. You may feel frightened and overwhelmed or simply unsure of what to do next. 

When you hire an experienced DUI lawyer in Sevier County, you don’t need to determine your next steps; he or she will do it for you. At Barnes and Fersten Law, we are committed to helping people accused of drunk driving protect their rights and resolve their cases as favorably as possible. Call us today to schedule a free case evaluation with a Sevier DUI lawyer. 

WHAT IS A DUI IN SEVIER COUNTY?

In Sevier County TN, a DUI charge is a Class A misdemeanor. This means the charge is not as serious as a felony but it can still have significant consequences. You can be charged with a DUI in Tennessee if you have a Blood Alcohol Concentration (BAC) of 0.08 or more. If you’re a commercial driver, the limit is 0.04, and if you’re under 21, it’s 0.02.

WHEN CAN YOU BE ARRESTED FOR A DUI?

Many drivers mistakenly think that the only way you can be arrested for a DUI is to have a Blood Alcohol Level (BAC) at or above the legal limit as measured by a breathalyzer or a blood test. However, there are many other reasons you can be arrested and charged with a DUI such as:

  • If you are under the influence of alcohol, regardless of how many drinks you have consumed, and your ability to operate a motor vehicle is impaired
  • Operating a vehicle while under the influence of drugs can also result in a DUI charge, even though it may be more difficult to detect if someone is under the influence of drugs as blood tests can be used to determine levels present in the driver’s system
  • A combination of drugs and alcohol in your bloodstream that impairs your ability to operate a motor vehicle

It is also essential for drivers to note that the language of the DUI Statute in Tennessee makes it so that you only have to be in physical control of a vehicle and not necessarily driving a car. The language of the statute means that it is possible to receive a DUI even though you were not driving the car but were merely behind the wheel sitting in a parking lot. If this happens to you, a skilled Sevier County DUI attorney can help you build a defense to help eliminate or reduce your charges.

WHAT SHOULD YOU DO IF YOU GET PULLED OVER FOR A DUI?

Anytime you see the flashing lights of a police car behind you, pull over. If you have been drinking, you might be afraid, but the consequences of not pulling over are far more severe. You should always be polite to law enforcement, but remember your rights and hold your ground.

Give the officer your license, registration, and proof of insurance when asked. Try to avoid doing anything to escalate the incident any further. If the officer asks you to get out of your vehicle for a field sobriety test, be sure to inform them of any physical impairments you may have and determine if the test will be recorded using a body cam or a dashcam.

Tennessee has an implied consent law, meaning that when you receive your Tennessee driver’s license, you agree to a breathalyzer or blood test if you are pulled over and suspected of a DUI. If you refuse one, you could face severe consequences, including the loss of your driver’s license.

During this traffic stop, do not forget your Miranda Rights. Sometimes it is best not to say anything at all, as anything you say can be used against you to serve the interest of the law enforcement officer or prosecutor. Save your story and questions for your Sevier County DUI lawyer and do not speak without having them present. 

When you are released from police custody, the first thing you should do is seek the representation of experienced legal counsel. You likely have many questions and concerns at this point, and an attorney from our law firm is here to help you navigate the criminal justice system with the least impact on your life going forward. 

CAN YOU REFUSE A BREATHALYZER TEST?

When it comes to BAC tests, Tennessee operates on an “implied consent” basis. Meaning, that there could be consequences for refusing to submit to blood or breath tests if police officers request you to do so.

It’s important to remember that you do have a right to refuse a breath or a blood test, but that doing so may have other consequences. Even so, in many cases its best not to take these tests. If you’re arrested on a DUI, an experienced Sevierville DUI lawyer can help you defend your case. Depending on the facts of your case, it’s sometimes possible to have the charges reduced or dropped.

Consequences for a DUI in Sevier County

A DUI lawyer in Sevier County can help get your charges reduced so that you can move on with your life with as little damage as possible. Depending on your criminal record and any past DUI charges you may have faced, you could have the any or all of the following consequences for a DUI:

  • Jail or prison time
  • Fines
  • License suspension
  • Possible vehicle seizure/forfeiture
  • Mandatory attendance in an alcohol and drug treatment program
  • Ignition Interlock Device installed at your expense
  • If two convictions of DUI in 5 years, Ignition Interlock Device required for six months after reinstatement at your expense

Even a first DUI in TN can have serious consequences. If this is your first DUI, a Sevierville DUI attorney will evaluate the facts and determine how best to defend your case.

Penalties for Subsequent DUI Charges

The more DUI convictions you have, the more serious the penalties are. For a second DUI in Sevier County, for example, you face a minimum of 45 days of jail time, a mandatory fine of up to $3,500, and losing your license for two or more years.

  • fines and minimum jail time increase with every subsequent offense
  • four or more dui convictions could result in a class e felony charge
  • loss of your license for up to 10 years, depending on the severity of the charges
Attorney John Barnes, Attorney Brandon D. Fersten, and Attorney Oscar Butler

HOW A DUI LAWYER IN SEVIER COUNTY CAN HELP

Even if this is your first DUI charge, you can benefit immensely from the services of a DUI attorney in Sevier County and their legal team. Experienced attorneys know the legal strategies that work for DUI charges and can help lessen their impact on your life. Your attorney may or may not be able to eliminate the charges you face, but they can give you peace of mind that you will reach the best outcome possible considering your individual situation.

Call the Barnes and Fersten Law Firm at 865-805-5703 to schedule your consultation today, or you can use our online contact form. We also offer the convenient option of online video consultations.

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