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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.

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    We owe you so much for helping us and our son. We appreciate your legal expertise and support you gave our son this April.
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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!

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    Her recommendations on how to proceed were spot on, and we got a favorable outcome.
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    So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!
    - Daniel Himes
    "Rob and his team did a fantastic job on my case... I would definitely use his services again."
    Rob and his team did a fantastic job on my case... I would definitely use his services again.
    - Larry P.
    "A Great Firm to work with!!"
    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.
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    If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.
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