Nashville Felony DUI Defense Attorney
Legal advocacy that won’t back down when you’re facing DUI charges
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Facing a felony DUI charge in Nashville is a serious matter that can have profound and long-lasting consequences on your life. Unlike a standard DUI, a felony DUI carries significantly harsher penalties, including lengthy prison sentences, substantial fines, and the loss of driving privileges. Understanding the complexities and nuances of a felony DUI case is crucial, and having a knowledgeable criminal defense attorney by your side is essential. At Waynick Law, our Nashville DUI defense attorneys are your legal warriors, ready to fight against charges, shield your rights, and stand up for you and your future.
How can we help?
- What does driving while intoxicated mean in Tennessee?
- When is a DUI a felony in Nashville?
- What are the potential penalties for felony DUI in Nashville?
- What is the difference between a felony and a misdemeanor in Nashville?
- How can your Nashville DUI defense attorney help with my case?
- Do you have a Nashville DUI defense attorney near me?
What does driving while intoxicated mean in Tennessee?
In Tennessee, driving while intoxicated, commonly referred to as DUI (driving under the influence), means operating a motor vehicle while impaired by alcohol, drugs, or any other intoxicating substances. The law specifies several ways a driver may meet the standard of intoxication:
- Blood alcohol concentration (BAC): A driver with a BAC of 08% or higher is intoxicated for the purposes of Tennessee’s DUI laws. This limit drops to 0.04% for commercial drivers and 0.02% for drivers under the age of 21. Law enforcement may test your breath, blood, or urine to measure your BAC.
- Drugs: Operating a vehicle while under the influence of illegal drugs such as marijuana, cocaine, methamphetamine, or other controlled substances is against Tennessee law. Even legally prescribed medications can lead to a DUI charge if they impair a driver’s ability to operate a vehicle safely.
- Combined influence: Driving under the combined influence of alcohol and drugs can also result in a DUI charge, even if the amount of each substance alone wouldn’t have caused an illegal level of impairment.
- Observational evidence: Law enforcement officers often use field sobriety tests to assess a driver’s level of impairment. These tests may include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (eye movement) tests. Officers may also consider behavioral indicators such as erratic driving, slurred speech, bloodshot eyes, and the odor of alcohol or drugs.
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When is a DUI a felony in Nashville?
In Nashville, as in the rest of Tennessee, a DUI can be elevated to a felony under specific circumstances. Here are the primary situations in which a DUI charge becomes a felony:
- Fourth or subsequent DUI offense: If you are convicted of a DUI for the fourth time or more, it’s classified as a felony.
- DUI involving serious bodily injury: If you cause serious bodily injury to another person while driving under the influence, you can face vehicular assault charges.
- DUI resulting in death:
- Vehicular homicide: If you cause the death of another person while driving under the influence, you can face charges for vehicular homicide.
- Aggravated vehicular homicide: If you have a prior DUI-related conviction and cause the death of another person while driving under the influence, prosecutors may elevate the charge to aggravated vehicular homicide.
- DUI with a minor passenger: If you are convicted of DUI while a child under 18 years old is a passenger in your vehicle, prosecutors can enhance the offense, leading to harsher sentencing.
- Habitual motor vehicle offender: If you have been declared a habitual motor vehicle offender and are caught driving under the influence, prosecutors can charge you with a felony.
It’s important to have an experienced criminal defense attorney in your corner if you’re facing felony DUI charges in Nashville. At Waynick Law, we can help.
What are the potential penalties for felony DUI in Nashville?
Here in Tennessee, the penalties for a felony DUI are severe and can have long-lasting consequences. The specific penalties depend on the circumstances of the offense, including your past history of earlier DUIs, whether anyone sustained a serious bodily injury, or if the offense resulted in death. Here are the potential penalties for various types of felony DUI charges in Nashville:
Fourth or subsequent DUI offense
- Classification: Class E felony
- Prison sentence: One to six years
- Fines: Up to $15,000
- License revocation: Eight years
- Ignition Interlock Device: Mandatory installation once driving privileges are restored
DUI involving serious bodily injury (vehicular assault)
- Classification: Class D felony
- Prison sentence: Two to twelve years
- Fines: Up to $5,000
- License revocation: Additional penalties may apply based on the severity of the injury
DUI resulting in death (vehicular homicide)
- Classification: Class B felony
- Prison sentence: Eight to thirty years
- Fines: Up to $25,000
- License revocation: Lengthy revocation period, typically up to ten years
Aggravated vehicular homicide
- Classification: Class A felony
- Prison sentence: Fifteen to sixty years
- Fines: Up to $50,000
- License revocation: Permanent revocation is possible
DUI with a minor passenger
- Classification: Can lead to enhanced penalties or be classified under child endangerment
- Prison sentence: Additional jail time beyond standard DUI penalties
- Fines: Higher fines than standard DUI
- License revocation: Extended revocation period
Habitual motor vehicle offender DUI
- Classification: Classified as a felony with severe penalties
- Prison sentence: Lengthy prison sentences, often several years
- Fines: Substantial fines
- License revocation: Long-term or permanent revocation
You should also be aware of these additional penalties and consequences:
- Probation: Felony DUI convictions often include extended probation periods
- Community service: Court-mandated community service
- Mandatory alcohol education or treatment programs: Enrollment in alcohol education or rehabilitation programs
- Effects on employment and housing: A felony conviction can severely impact future job opportunities and housing options
- Increased insurance rates: Significant increase in auto insurance premiums or difficulty obtaining insurance.
Given the serious nature of felony DUI charges and the potential for long-term consequences, it’s critical to seek the help of an experienced Nashville DUI defense attorney.
What is the difference between a felony and a misdemeanor in Nashville?
Criminal offenses in Tennessee fall into two main types: felonies and misdemeanors. The primary differences between these two categories lie in the severity of the offenses, the penalties they carry, and the long-term consequences for those convicted.
Severity of offenses
Felonies are more severe crimes than misdemeanors. Felony offenses include serious crimes such as murder, rape, aggravated assault, armed robbery, and significant drug trafficking. These crimes often involve violence, substantial harm, or serious threats to public safety. On the other hand, misdemeanors are less severe offenses, typically involving lower levels of harm or threat. Common misdemeanor offenses include simple assault, petty theft, DUI (first or second offense), vandalism, and minor drug possession.
Penalties
The penalties for felonies are significantly harsher than those for misdemeanors. Felony convictions can result in lengthy prison sentences, ranging from one year to life imprisonment, depending on the class of the felony and the specific circumstances of the offense. Additionally, felonies can carry substantial fines, sometimes amounting to tens of thousands of dollars. In contrast, misdemeanors usually result in shorter jail sentences, typically less than one year. For misdemeanors, those convicted often spend their time in a county jail rather than state prison. Misdemeanor fines are also generally lower, often capped at a few thousand dollars.
Classes and degrees
Felonies and misdemeanors are further divided into classes or degrees, which determine the severity of the penalties. In Tennessee, the law divides felonies into five classes: A, B, C, D, and E, with Class A being the most severe. For misdemeanors, the law has three classes: A, B, and C, with Class A being the most severe. Each class has specific sentencing guidelines and fine ranges, providing a structured framework for judges to determine appropriate penalties.
Long-term consequences
The long-term consequences of a felony conviction tend to be more severe than those of a misdemeanor conviction. Felons often face significant challenges in finding employment, securing housing, and maintaining certain professional licenses. They may also lose certain civil rights, such as the right to vote, serve on a jury, or possess firearms. While misdemeanor convictions can also have negative impacts, such as difficulties in employment or housing, the long-term effects are usually less severe.
Effect on criminal record
Both felonies and misdemeanors result in criminal records, but the presence of a felony on one's record is more stigmatizing and has more serious implications for future opportunities. Misdemeanors, while still serious, may not suggest dangerous behavior and might be easier to expunge or mitigate through legal processes such as diversion programs.
Understanding the differences between felonies and misdemeanors is crucial for anyone facing criminal charges in Nashville. The severity of the offense, the potential penalties, and the long-term consequences all highlight the importance of hiring a lawyer who is dedicated to protecting you from wrongful actions by the criminal justice system.
How can your Nashville DUI defense attorneys help with my case?
A Nashville DUI defense attorney can help you in several ways if you're facing DUI charges, including:
Case evaluation
Your attorney will conduct a thorough review of the circumstances surrounding your arrest. This includes scrutinizing police reports, witness statements, and any evidence against you. We want to identify potential weaknesses in the prosecution's case, like improper procedures during the traffic stop or inaccuracies in chemical test results. These errors can help us break down their case.
Legal resources
DUI laws are complex. By having a deep understanding of Tennessee's DUI laws and how they apply to your case, your attorney arms your defense. We can also explain the charges against you, the potential consequences, and your legal options so that you can make informed decisions.
Defense strategy
We listen to you and carefully review all evidence to come up with an aggressive, strategic defense game plan. This may involve challenging the legality of the traffic stop, questioning the reliability of field sobriety tests or chemical tests, or arguing mitigating factors that could lead to reduced charges or penalties. Your circumstances will be unique, so our attorneys will work to develop an individualized approach.
Court representation
If your case goes to trial, our lawyers fight for you in court. We present your defense, cross-examine witnesses, and make persuasive arguments to challenge the prosecution's case. Our goal is to cast doubt on the evidence against you and secure a favorable outcome for you.
Negotiating plea deals
In some cases, negotiating a plea deal may be in your best interest to avoid harsher penalties associated with a conviction. We carefully consider your options, and if we believe it’s best for you, we negotiate with the prosecution to potentially reduce charges or minimize the consequences you face.
Minimizing penalties
If a conviction is unavoidable, we can advocate for minimized penalties. This may include arguing for alternative sentencing options, such as community service or participation in alcohol treatment programs, to mitigate the impact on your life.
License suspension defense
DUI convictions often result in driver's license suspension or revocation. We can represent you in administrative hearings to challenge the suspension and seek reinstatement of your driving privileges.
Guidance and support
Throughout the legal process, your attorney will provide guidance, support, and reassurance. We keep you informed about developments in your case, answer your questions, and ensure that you understand your rights and options every step of the way.
Facing DUI charges is a serious matter with potential long-term consequences. Having a skilled Nashville DUI defense attorney on your side can make a significant difference in the outcome of your case. We’re here to protect your rights and fight for the best outcome for you.
Do you have a Nashville DUI defense attorney near me?
Waynick Law PLLC serves clients out of its offices at 95 White Bridge Road, 5th Floor – Suite 512B, Nashville, TN 37205 and 504 E. College Street, Dickson, TN 37055. If you are unable to come to our offices, contact us to find out if we can make other arrangements to discuss your case.
Skilled felony DUI defense in Nashville
If you're facing DUI charges in Nashville, don't face them alone—reach out to an experienced DUI defense attorney today. With dedicated legal resources and a commitment to protecting your rights, Waynick Law is here to provide the strong defense you need. Whether you're contesting the charges, negotiating a plea deal, or preparing for trial, we work tirelessly to achieve the best possible outcome for your case. Take action now by scheduling a consultation to discuss your situation and start fighting back. Your future is too important to leave to chance—contact us today and let us advocate for your rights and your future. To schedule a meeting with an experienced criminal defense warrior, simply call our offices or fill out our contact form.