Dickson Felony DUI Defense Attorney

Dedicated representation when you are facing DUI charges in Dickson

DUI Felony

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Facing a felony DUI charge is a serious and life-altering event that demands immediate and skilled legal representation. A conviction can lead to severe penalties, including lengthy prison sentences, substantial fines, and the loss of your driving privileges. The experienced Dickson criminal defense attorneys at Waynick Law understand the complexities of DUI law and are equipped to challenge the evidence against you, scrutinize the legality of your arrest, and fight to protect your rights. With your future at stake, having an experienced advocate on your side is crucial to navigating the legal system and working towards the best possible outcome.

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What does driving while intoxicated mean in Tennessee?

In Tennessee, "driving while intoxicated" (DWI) is commonly referred to as driving under the influence (DUI). It means operating a motor vehicle while impaired by alcohol, drugs, or any other substance that affects your ability to drive safely.

In Tennessee, you are considered legally intoxicated and can be charged with a DUI if:

  • Blood alcohol concentration (BAC): Your BAC is 0.08% or higher if you are 21 or older. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount (0.02% or higher) can result in charges.
  • Impairment due to drugs or alcohol: Even if your BAC is below the legal limit, you can still be charged with a DUI if law enforcement determines that your ability to drive is impaired by alcohol, prescription medications, illegal drugs, or even over-the-counter substances.
  • Combination of substances: Driving while under the influence of a combination of alcohol and drugs, which together impair your ability to drive safely, can also result in a DUI charge.

Tennessee takes DUI offenses seriously, with penalties increasing for higher BAC levels, repeat offenses, and if there are aggravating factors such as causing injury or death while driving under the influence.

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When is a DUI a felony in Dickson?

A DUI can be classified as a felony under certain circumstances. The criteria for a felony DUI generally include:

  • Fourth or subsequent DUI offense: If you are convicted of DUI for the fourth time or more, the offense is classified as a felony. This applies regardless of how long ago the previous offenses occurred.
  • DUI with aggravating factors:
    • Serious injury or death: If your DUI results in serious bodily injury or death to another person, the charge can be elevated to a felony. This is often referred to as "vehicular assault" or "vehicular homicide" if someone dies as a result.
    • Child endangerment: If you are driving under the influence with a minor (under 18 years old) in the vehicle, and the situation involves significant risk or harm, you may face felony charges.
  • Driving on a suspended license: If your driver's license was previously suspended or revoked due to DUI-related offenses, and you are caught driving under the influence again, you could face felony charges.

Felony DUIs carry more severe penalties compared to misdemeanor DUIs, including longer prison sentences, higher fines, and more stringent conditions for license reinstatement. If you are facing felony DUI charges, it is crucial to seek the assistance of an experienced Dickson criminal defense attorney to navigate the complexities of the legal system and work towards the best possible outcome.

What are the potential penalties for felony DUI in Dickson?

The penalties for a felony DUI can be severe and vary depending on the specifics of your case, including the number of prior offenses, the presence of aggravating factors, and whether any injuries or fatalities occurred. Here are the potential penalties:

Imprisonment

  • Fourth or subsequent offense: A felony DUI charge typically results in a mandatory minimum sentence of one year in prison, which can extend up to 15 years, depending on the circumstances.
  • Aggravated cases (e.g., serious injury or death): For cases involving serious injury or death, prison sentences can be significantly longer, often ranging from three to 25 years, depending on the severity of the injury or the level of negligence involved.

Fines

  • General range: Fines for a felony DUI can range from $3,000 to $15,000. The exact amount may vary based on the specifics of the offense and any associated charges, such as causing injury or death.
  • Additional costs: You may also be required to pay restitution to victims for medical expenses, property damage, or other losses resulting from the DUI.

License suspension or revocation

  • Long-term suspension: Felony DUI convictions often result in lengthy license suspensions or revocations, which can last for several years. In some cases, you may face permanent revocation of your driving privileges, especially for multiple offenses or severe cases.
  • Reinstatement conditions: If eligible for reinstatement, you may need to complete a lengthy process, including alcohol or drug treatment programs, and meet other conditions set by the court.

Probation or parole

  • Probation: In some cases, especially for less severe felonies, you may be placed on probation instead of serving a full prison sentence. However, this will come with strict conditions, such as regular check-ins with a probation officer, mandatory drug testing, and continued counseling or treatment.
  • Parole: If you serve a portion of your sentence in prison, you may be eligible for parole, but this will also come with conditions and regular monitoring.

Additional consequences

  • Criminal record: A felony DUI conviction results in a permanent criminal record, which can impact employment opportunities, housing, and other aspects of life.
  • Loss of rights: A felony conviction can lead to the loss of certain rights, such as the right to possess firearms.

Due to the severe nature of felony DUI penalties, you need to seek the assistance of an experienced criminal defense attorney who can help you navigate the legal process, challenge evidence, and work towards mitigating the consequences of the charges. Talk to the legal team at Waynick Law today to find out how we can fight for your rights.

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What is the difference between a felony and a misdemeanor in Dickson?

The primary differences between a felony and a misdemeanor involve the severity of the crime, the associated penalties, and the long-term impact on an individual's life. Here’s a breakdown:

Severity of the crime

  • Felony: Felonies are considered more serious offenses that generally involve significant harm or potential harm to others or to society. Examples include murder, rape, armed robbery, and large-scale drug trafficking.
  • Misdemeanor: Misdemeanors are less severe offenses compared to felonies. They typically involve less harm or risk and include crimes such as petty theft, simple assault, and minor drug possession.

Penalties

  • Felony:
    • Imprisonment: Felonies often carry longer prison sentences, ranging from over one year to life imprisonment. In some cases, certain felonies may even result in a death sentence.
    • Fines: Felony convictions can result in substantial fines, which can be thousands or tens of thousands of dollars.
    • Additional Consequences: Felony convictions often lead to long-term consequences, such as loss of voting rights, restrictions on firearm ownership, and difficulties in finding employment or housing.
  • Misdemeanor:
    • Imprisonment: Misdemeanors usually carry shorter prison sentences, generally up to one year. In some cases, incarceration may be served in a county jail rather than a state prison.
    • Fines: Fines for misdemeanors are typically lower than those for felonies, ranging from hundreds to a few thousand dollars.
    • Additional consequences: Misdemeanor convictions generally have less severe long-term consequences compared to felonies, although they can still impact employment and other areas of life.

Criminal record

  • Felony: A felony conviction results in a permanent criminal record, which can significantly impact an individual’s life, including employment opportunities, housing, and civil rights.
  • Misdemeanor: While a misdemeanor conviction also results in a criminal record, it generally has less severe long-term effects compared to a felony. Some misdemeanor offenses might be eligible for expungement or sealing after a certain period.

Legal process

  • Felony: Felony cases often involve more complex legal proceedings, including preliminary hearings, grand jury indictments, and more extensive trials.
  • Misdemeanor: Misdemeanor cases usually involve simpler legal processes, such as less formal hearings and shorter trials.

What are the three standard field sobriety tests?

The three standard field sobriety tests (SFSTs) used by law enforcement to assess a driver's impairment are:

  1. Horizontal Gaze Nystagmus (HGN) test: This test evaluates the involuntary jerking of the eyes as they follow a moving object, typically a pen or flashlight.
  2. Walk-and-Turn test: This divided-attention test requires the driver to walk heel-to-toe in a straight line for nine steps, turn on one foot, and walk back in the same manner.
  3. One-Leg Stand test: This test requires the driver to stand on one leg while counting aloud until instructed to put the foot down.

These tests are designed to evaluate a driver's physical and cognitive ability to perform tasks while under the influence of alcohol or drugs. The results are used by officers to determine whether further testing or arrest is warranted.

How can your Dickson felony DUI defense attorney help with my case?

At Waynick Law, our Dickson felony DUI defense attorney can provide invaluable assistance in handling your case by leveraging their skills and resources to challenge the prosecution and protect your rights. Here’s how we can help:

  • Case evaluation and strategy: Your attorney will thoroughly review the details of your case, including police reports, evidence, and any potential legal issues. They will develop a tailored defense strategy based on the specifics of your situation, aiming to minimize charges, negotiate favorable plea deals, or prepare for trial.
  • Challenge evidence: An experienced attorney will scrutinize the evidence against you, including the results of field sobriety tests, breathalyzer or blood tests, and any statements you made. They will look for procedural errors, inaccuracies, or violations of your rights that could undermine the prosecution’s case.
  • Investigate the circumstances: Your attorney will investigate the circumstances surrounding your arrest to identify any potential issues such as improper police procedures, unlawful search and seizure, or errors in the administration of sobriety tests. This can lead to evidence being suppressed or charges being reduced.
  • Negotiate plea deals: If a plea deal is in your best interest, your attorney will negotiate with the prosecution to secure a more favorable outcome, such as reduced charges or lighter penalties. They will advocate on your behalf to achieve the best possible resolution.
  • Prepare for trial: If your case goes to trial, your attorney will represent you vigorously, presenting a strong defense, cross-examining witnesses, and challenging the prosecution’s arguments. They will work to highlight any weaknesses in the evidence and make a compelling case to the judge or jury.
  • Protect your rights: Throughout the legal process, your attorney will ensure that your constitutional rights are upheld, including your right to a fair trial, protection from self-incrimination, and the right to remain silent. Investigators and prosecutors may try to bully you, but your attorney is your advocate, working to prevent any violations of your rights.
  • Navigate legal procedures: Felony DUI cases involve complex legal procedures and requirements. Your attorney will guide you through these procedures, ensuring that all legal deadlines are met and that you comply with court requirements.

Do you have a Dickson felony DUI defense attorney near me?

Waynick Law PLLC serves clients out of its office at 504 E. College Street, Dickson, TN 37055. We also have an office in Nashville. If you are unable to come to our offices, we can make arrangements to meet with you elsewhere.

Experienced felony DUI defense attorney in Dickson

Don't let a felony DUI charge jeopardize your future—take control now. Contact the skilled Dickson defense attorney at Waynick Law, who will aggressively fight to protect your rights, challenge every piece of evidence, and work tirelessly to secure the best possible outcome for your case. Your freedom, reputation, and future are on the line—call now and put a relentless advocate on your side. To schedule a meeting with an experienced criminal defense attorney, simply call our offices or fill out our contact form.