With a second offense DUI charge in Tennessee, the stakes go up significantly. If this is not your first DUI charge you may already know the kind of thing to expect in court. We understand your apprehension and fear of the future and want to be able to help you during this trying time. You know that Tennessee judges do not go lightly on DUI offenders, particularly repeat offenders.
For that reason, it usually makes sense to fight second offense DUI charges in court. If you plead guilty on a first offense, you are now facing much more serious penalties, and significant license loss that can affect your livelihood and your very freedom.
Please contact us for your free legal defense consultation on a DUI charge in Tennessee. We can offer you some advice, and suggestions on how we would fight the charges and defend you – all for no cost and no obligation for the consultation.
Second Offense Drunk Driving Laws in Tennessee
The legal limit in Tennessee is .08%. If you are caught driving and your blood alcohol level is over .08% you will be charged with Driving Under the Influence.
Whether this is your second or third offense there are certain penalties you will no doubt face. Those include:
- Drug/alcohol evaluation and applicable $100 fee
- Mandatory attendance of alcohol rehabilitation
- Ignition Interlock Device (installed after period of license revocation)
Penalties – TN DUI – Second Offense
There are also penalties that are specific to the number of prior convictions you have.
- 45 days to 1 year in jail
- $600-$3,500 in fines
- 2 years driver’s license revocation
Penalties – TN DUI – Third Offense
- 120 days to 1 year in jail
- $1,100- $10,000 in fines
- 3-10 years license revocation
These are serious penalties and they are not meant to be taken lightly. As your attorney we will do our best to ensure your rights are protected at every stage of the criminal court process. We will represent your interests and make sure that we are doing everything possible on your behalf.
Can I Beat a Second Offense DUI Charge?
We are always prepared to challenge every single piece of the prosecutions evidence against you.
We will challenge the reason the police pulled you over in the first place. They must have a legitimate reason to stop you, or the case must be dismissed.
We will challenge the police officer’s observations that led him or her to believe you may have been impaired. Does the officer really know how you walk? How can the officer be sure that you don’t have a condition that may make your walk appear unsteady?
We will challenge the police officer’s use of field tests. These biased, “roadside Olympics” are often impossible for anyone to pass. And the police often administer and judge them in ways that are against their own training.
We will challenge any breath test evidence against you. Breathalyzer machines are subject to strict operational, maintenance requirements that are not always followed by the police. They also have some known false positives to food, stomach conditions like GERD, and other serious design flaws.
We know this must be a scary time. The prospect of a lengthy jail sentence and years without a driver’s license may seem like too much to handle. Let us carry the burden of some of that stress and work towards the best possible outcome in court.
If you are facing your 4th or greater conviction we can help you too. Your charges may bring you some serious time behind bars if you do not retain the right attorney to work on your case. We will be happy to discuss our track record of success in fighting DUI cases. We fight hard for all of our clients and we want to fight hard for you.
Please contact us today to take advantage of our free DUI defense consultation.