Facing a DUI in Tennessee? Here's What You Need to Know

A DUI can cost you your license, your job, and your freedom. But you don’t have to face it alone. At Burks & Ogle, we help you understand your rights, fight your charges, and protect your future.

Can You Beat a DUI Charge in Tennessee?

Yes, but it requires deep knowledge of DUI law and the science behind BAC testing. Common defenses include:

• Challenging the accuracy of tests
• Identifying constitutional rights violations
• Highlighting insufficient evidence

Should You Plead Guilty to a DUI?

Pleading guilty right away is often a mistake. Without legal counsel, you lose the chance to:

• Challenge the charge
• Negotiate a plea deal
• Mitigate penalties

A first offense may seem minor, but it can set the stage for harsher penalties if it happens again.

DUI Convictions Cannot Be Expunged

In Tennessee, DUI convictions stay on your record permanently. That’s why working with an experienced DUI attorney is critical.

Do You Need a DUI Lawyer?

Absolutely. DUI cases involve legal complexity and scientific evidence. Without strong representation, you risk conviction and serious penalties.

At Burks & Ogle, we understand both the law and the science behind BAC testing. Let us help you fight for the best possible outcome.

Call us today at (865) 522-4964 or contact us online for your Free Consultation.

What is "blood alcohol content" level?

Blood alcohol content (BAC) is a measurement of the amount of alcohol found in the blood expressed as a percentage. It is calculated in grams per 210 liters of breath, and a BAC of 0.08 means there is 0.08% alcohol by volume. Measuring BAC is a way for law enforcement to calculate the amount of alcohol someone has had and their ability to drive a motor vehicle.

Know Your Rights During DUI Traffic Stops

If you are pulled over due to suspicion of drunk driving or for another traffic violation, you still have rights:

• You and your passengers have the right to remain silent (except you must show your driver's license, registration, and proof of insurance upon request).
• Passengers are free to leave unless otherwise detained.
• If arrested or detained, you have additional rights, including Miranda warnings.

Always state clearly that you wish to remain silent and request a lawyer immediately. You also have the right to make a local phone call. If you believe your rights were violated, write down everything you remember, including the officer's agency, badge number, and patrol car number.

Can You Refuse a Blood Alcohol Test in Tennessee?

You can refuse a blood draw or breathalyzer under Tennessee's implied consent law, but it comes with consequences:

• License suspension
• Possible jail time
• You may still face DUI charges based on other evidence
• Fines

Officers can also request a warrant to obtain a blood sample, which is harder to challenge in court. Refusing a test may complicate your case, so it’s essential to get legal advice immediately.

Understanding Field Sobriety Tests (FSTs)

Standardized field sobriety tests help police determine intoxication:

1. Horizontal Gaze Nystagmus Test (HGN test)
2. One-Leg Stand Test (OLS test)
3. Walk-and-Turn Test

These may be used as evidence against you. Non-standardized tests (like finger-to-nose or alphabet recitation) are typically not admissible.

You can refuse field sobriety tests in Tennessee, but refusal may prompt officers to seek other forms of evidence, such as breath or blood tests.

License Suspension After a DUI Arrest

Two types of suspensions can result:

1. Administrative suspension: Happens when you refuse a breathalyzer or have a high BAC, even before conviction.
2. Criminal suspension: Follows a DUI conviction and depends on BAC level, jurisdiction, and prior offenses.

What Happens After a DUI Arrest?

A DUI arrest triggers:

• Administrative hearing: Civil penalties like license suspension.
• Criminal process: Potential conviction, fines, jail time, and more.

Convictions can also require installation of an Ignition Interlock Device (IID) in your vehicle.

Ignition Interlock Devices: What You Should Know

IIDs measure BAC before starting the car and during random checks while driving. They are prone to false positives from things like mouthwash or energy drinks. If you face IID requirements, let us help you challenge unfair restrictions and find the best strategy for your case.

Auto Insurance After a DUI Conviction

You may still obtain insurance after a first offense, though rates will rise. You might also need SR-22 insurance, a certificate proving minimum coverage, which comes with additional costs.

Don't Let a DUI Define Your Future

A DUI arrest is serious, but it doesn't have to ruin your life. With the right legal help, you can fight for a better outcome and protect your freedom. At Burks & Ogle, we are here to guide you through every step, explain your options, and stand by your side in court.

Let us help you take control of your case.

Call (865) 522-4964 or contact us online now for your Free Consultation.

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