
DUI FAQ
Our Nashville DUI Lawyers Answer Your Most Pressing Questions
If you have been arrested for DUI (driving under the influence), you probably have a number of important questions. We have included answers to some frequently asked questions below, and we welcome you to call our Nashville offices at any time for a confidential review of your case. At May McKinney, clients can count on our determination, our experience, and our knowledge in the complex field of DUI defense.
Continue reading, or call us at (615) 265-6383 for your DUI case review.
What are the penalties for DUI?
The complete list of penalties for DUI offenses appears on the Tennessee Department of Safety website. Penalties for a DUI conviction include incarceration, loss of driver's license, fines, required participation in DUI school and drug and alcohol treatment, payment of restitution for injury or personal loss, and installation of an ignition interlock device. If you refuse to submit to a breath test, your driver's license will automatically be suspended for one year.
How much will it cost?
With towing, bail, attorney, high-risk insurance, court costs, school, and reinstatement fees, the cost of a first DUI offense could add up to $4,900.
Can I avoid a conviction?
Each case is different. Depending on the specific facts of your case, there may be opportunities to petition for a dismissal of the case based, for example, on lack of probable cause for making the traffic stop. An experienced Nashville DUI defense attorney can advise you of your options.
Can I get a restricted license?
In some cases, people convicted of a first-offense DUI may be able to obtain a restricted license that will allow them to drive to and from school, work, or a court-ordered alcohol DUI education program. This option is not immediately available to those who have previous DUI convictions or convictions for certain related offenses.
If you have been convicted of a second-offense DUI, you must serve at least one year of the license revocation period before petitioning the court for a restricted license.
Can you give me a restricted license?
No, but we can help eligible people through the steps in the legal process required to obtain a restricted license. This involves obtaining a certified order from the court where you were convicted. You must also obtain SR-22 insurance, pass a driver's license exam, and pay a fee.
What is an ignition interlock device?
An alcohol ignition interlock device is a small device about the size of a cellphone that is installed into the starting circuit of a vehicle. A driver must blow into the device and the vehicle will not start if the driver has measurable alcohol in their system. Currently, the level is .02% blood alcohol concentration. If the driver does not have alcohol about the measurable level in their system, the vehicle will start normally.
Interlocks will be set for “running retests,” which require a driver to provide breath tests at regular intervals, preventing drivers from asking a sober friend to start the car. If a driver fails a running retest, in some states, the vehicle's horn will honk and/or the lights will flash to alert law enforcement. The interlock cannot stop the vehicle once it is running for safety reasons.
One advantage of installing the ignition interlock device after a Tennessee DUI conviction is there are currently no geographical or time restrictions on the use of your automobile.
What is the ignition interlock device program?
Those convicted of a DUI in Tennessee may be ordered to install an ignition interlock device in their vehicles to obtain a restricted driver's license or to have their driving privileges restored. These devices require the driver to submit a breath test for analysis in order to start the vehicle and at other times during its operation. If alcohol is detected, the vehicle will not start. The offender is responsible for the cost of installing the device and having it regularly serviced and inspected.


Our Clients Say It Best
Read Our Client Testimonials
At May & McKinney, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.- D.T.
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Shyanne immediately knew what to do and handled my case with professionalism and expertise. She made a horrible situation bearable and stayed with me throughout the process.
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Mr. McKinney assisted my daughter with two separate cases. Both were handled very professionally and had very positive outcomes. He was always helpful when meetings were held and assisted in making this extremely stressful time easier for her. I would recommend his firm to anyone who needs the assistance of very capable, professional, caring attorneys.- L.R.
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The case came during my senior year of college. It was the scariest moment of my entire life. I felt my career was over before it even started. I chose McKinney Law Firm because they are the Best of the Best. To have a prepared and knowledgeable defense, in a room where you feel guilty until proven innocent, is invaluable. Roger T. May's no non-sense approach was deliberate and strategic. The results of the case were better than I could have ever imagined. After the case was over, I went on to land a lucrative job, travel the world, and have had a very successful career. I truly believe McKinney Law Firm gave me a second chance at life. I am forever grateful for the team's care, urgency, persistence, and professionalism during a very difficult time. "Because I knew you, I have been changed for good." Thank you.- -Satisfied Client
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Little words cannot express the gratitude we have for you! From the very first day we walked into your office, we had complete confidence in you and your staff.- Jack & Jessi
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I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!
- Jason B. -
He is the type of attorney who listens to your problem instead of not caring about what is going on just to get your money- Brianna
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Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
