DUI FAQ A Team Who Will Tenaciously Defend You Every Step of the Way

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.

When is an ignition interlock device mandatory?

Tennessee made the installation of an ignition interlock device mandatory with all those convicted of driving under the influence (DUI) with a blood alcohol concentration of at least .15 percent or more.

What is a felony DUI offense?

Under Tennessee Criminal DUI law, the fourth or subsequent conviction shall be a Class E felony. It is punishable by a fine of no less than $3,000 and no more than $15,000, by confinement not less than 150 consecutive days to be served, nor more than the maximum punishment authorized for the appropriate range of a Class E felony. The appropriate range for a Class E felony is one to six years in jail. The court shall prohibit the person from driving a motor vehicle for a period of five years.

Tennessee added a new look-back calculation period effective July 1, 2010. The look-back calculation period refers to the 10- to 20-year time period that must be reviewed to determine if a person should be classified as a multiple offender. The law prior to July 1, 2010, provided the 10-year period be measured from the date immediately preceding the conviction to the date of the conviction of the current case. The new law provides that the time period be measured from the date immediately preceding when the offense was committed to the date of the current violation — in other words, from arrest date to arrest date. You can find this look-back period in T.C.A. § 55-10-403(a)(3). Remember, the DUI laws in the state of Tennessee are forever changing.

What is the legal limit?

Under Tennessee Law, the adult legal limit in drunk driving cases is .08%. For someone under age 18, the legal limit is .02% under current Tennessee law. For persons of any age driving a commercial vehicle such as a tractor-trailer, or any other commercial vehicle, the legal limit is .04%.

Why do the police wait 20 minutes before they give you the breath alcohol test?

Under Tennessee law, a police officer must watch you for 20 minutes before the breath alcohol test is admissible. The reason is that a burp, belch, or hiccup could contaminate the breath test. A belch, burp, or the hiccups could bring alcohol from the stomach to the mouth cavity which would affect the breath test results.

If the police officer is not watching you for the 20 minutes prior to the breath alcohol test, the result may not be admitted into evidence. If the officer administering the breath test is using a cellphone, typing on the computer or talking to another police officer during the 20-minute observation period, it may give you a great defense in your DUI case.

For more answers to your questions about DUI, call (615) 265-6383 or contact us online.

Continue Reading Read Less

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.

"Truly Grateful"
There are precious times in our lives when we are blessed with people who make a difference.

- Nathan
"No Nonsense, Willful & Determined"
My reputation is restored thanks to Ms. Riddle and May McKinney.

- Mark
"Complete Confidence"
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
"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.

- L.M.
"The Only Choice for the Best Results"
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
"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"
Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!

- Very Satisfied Client
"Rob and his team are second to none."
The need for a criminal defense attorney typically represents a low point in one’s highlight reel. Rob’s unmatched expertise, passion and commitment to achieving the best possible outcome during troubled times makes him the best available. Grateful to him and his team.

- Anonymous
"Best defense lawyer in the middle Tennessee area"
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

Get In Touch Today

Schedule Your Free Strategy Session

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
What county is your case in?
Please enter your county.
Were you arrested?
Please enter your response.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Why Choose May McKinney?

A Firm Committed to You, Your Case & Your Future

Nearly 80 Years of Combined Experience
Our accomplished attorneys bring almost eight decades of combined criminal defense experience.
Educated In Our Field
Our team believes in ongoing training in the criminal defense field. Our attorneys are educated in the latest forensic science technology and Attorney Riddle is Trauma Certified.
A Team Approach
Our attorneys work each case as a unit, which is extremely beneficial to our clients. No matter the case size, it's integral to get the experience and knowledge of a team.
An Aggressive Defense
When you choose May McKinney, you are choosing a team that will fight tooth and nail for your rights, your freedom, and your future.