A DUI charge can happen to anyone. One too many drinks at dinner or a concert, and you're stopped for going a few miles per hour over the speed limit. The arresting officer has often times pre-determined that you're going to jail before he even asks you to complete the field sobriety tasks or blow into the breathalyzer. The police will often also arrest the owner of the car for letting a drunk friend or family member drive while the owner thinks that he or she is being responsible by being the passenger (TN law calls this "DUI - Vehicle Owner"). But just because you've been arrested doesn't necessarily mean that all is lost.

You need an experienced attorney, familiar with the criminal justice system, to analyze your case, explain your rights, options, and possible outcomes, and defend you to the fullest extent.

As a former Nashville prosecutor, Bryan Stephenson is familiar with how the government prosecutes DUIs and other traffic-related offenses.  He knows how a prosecutor looks at a case, and because of that, he knows how to approach and deal with prosecutors on behalf of his clients. While there is never any guarantee of the outcome of a criminal case, Attorney Stephenson is able to recognize when the prosecutor is offering a "good deal" or a "bad deal," and whether the prosecutor has a strong enough case to prosecute.

Just some of the important factors that he will assess when preparing your DUI defense:
1) What was the basis of why the police stopped you?
2) Was this officer looking for a DUI, or did he randomly come across you?
3) Once the officer approached your car, what evidence, if any, was there that you might
be under the influence, thereby allowing him to investigate you further?
4) If he is alleging that you broke a traffic law, did he in fact write you a traffic citation?
5) What is your driving record?
6) Is the traffic stop on video (only a few officers have video cameras in their cars)?
7) What does the police report say?
8) How did the officer "grade" you on the field sobriety tasks, and under what conditions
were they given to you (were you in the dark, or by a busy road, or in the rain,
or wearing sandals, etc)?
9) If you took a breath alcohol test, did the officer follow all the rules for administering the test?
10) Did the officer actually see you driving?
11) Does the arresting officer have a history of discipline or dishonesty?

Drunk Driving in Tennessee is called DUI (Driving Under the Influence). In other states you've heard it referred to as DWI (Driving While Impaired). The mandatory minimum punishments for Tennessee DUI are set forth in Tenn. Code Ann. § 55-10-403: 

1st Offense DUI: 

• Revocation of Driver License for 1 year (may be eligible for restricted license);
• Minimum 48 hours in jail (for arrests occurring after July 1, 2008);
• 7 days in jail if your BAC (Blood Alcohol Content) was .20% or above;
• $350 fine;
• Probation for up to 11 months and 29 days following jail release;
• Alcohol Safety School;
• Possible 24 hours or more of trash-pickup (for which YOU have to pay the Probation Office or Sheriff's Department because they monitor you as if you were a jail inmate); 

2nd Offense DUI:

• 45 days in jail, followed by 11 months and 29 days probation;
• Revocation of Driver License for 2 years (may be eligible for restricted license after 1 year);
• $600 fine.

3rd Offense DUI:

• 120 days in jail, followed by 11 months 29 days probation;
• $1100 fine;
• Revocation of Driver License for 3 years.

4th (or more) DUI Offense:

• Felony DUI, punishments are different, possible prison time.

Additional possible consequences for ALL DUI offenses that aren't part of the mandatory "punishments":

• Additional drug and/or alcohol treatment;
• Random drug screens;
• Insurance rates skyrocket, mandatory filing of SR-22;
• Payment of court costs;
• Installment of Ignition Interlock System on your car;
• Attachment to your ankle of the "SCRAM" device to prevent you from drinking.

An experienced DUI lawyer will explain your rights and options and make sure that you're being treated fairly by the prosecutor when you go to court. Sometimes DUI charges are pled down to Reckless Driving or Recklesss Endangerment if the case against you is weak or if other mitigating circumstances exist. Other times even if you are convicted of DUI, you may be eligible to get a restricted Driver License to drive to work and school. Attorney Bryan Stephenson will assess your case and tell you whether you may have options to get a reduced charge, or if no reduced charge, whether you may receive the minimum punishments required by DUI, and will guide you through the often long, confusing, and stressful criminal justice process.

Contact The Law Office of Bryan Stephenson to schedule a free consultation.

The Law Office of Bryan Stephenson
Bank of America Plaza, Suite 905, 414 Union St., Nashville, TN 37219
Phone: 615.515.5110  Fax: 615.620.6438  
bryanstephenson@middletnlaw.com