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Maryville DUI Defense Lawyers

Tough representation for drivers charged with driving under the influence in Tennessee

Driving under the influence of alcohol or drugs is a serious charge. Even first-time offenses can result in jail time and substantial fines. Your right to drive could be suspended or revoked. Your insurance premiums may rise. For subsequent offenses, the length of imprisonment and the fines will likely increase. You may need to use an ignition interlock device.

At Delius, McKenzie & McCarter, we handle Tennessee DUI cases and DUI-related charges arising on federal property when applicable. We assert your defenses, which include challenging the right of the police to stop you and challenging the admissibility of breath and sobriety tests. Our Maryville DUI lawyers are here to fight to keep you out of jail and on the road.

Our record of successful DUI representation includes dismissals and not guilty verdicts. Please note that past results do not guarantee future outcomes.

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When can a driver be arrested for a DUI in Tennessee?

A DUI can apply on public roads, highways, streets, alleys and, under Tennessee law, elsewhere throughout the state, including certain premises generally frequented by the public. A driver can face a DUI charge in Tennessee (Section 55-10-401) if the driver:

  • Is under the influence of alcohol, drugs, or other substances that impair the ability to drive safely.
  • The driver’s blood alcohol content (BAC) level is .08 or higher
  • The driver’s BAC is .04 or higher, and the driver is operating a commercial vehicle
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What are the penalties for DUI offenses in Maryville?

The penalties for a DUI offense include the following, based on the driver’s DUI criminal record. Generally, subsequent offenses are taken more seriously because they indicate the driver may have a substance abuse problem. The penalties can increase if a DUI accident causes death or injury, a child passenger is injured, or other conditions apply.

The Tennessee penalties for DUI offenses include the following (we can advise you about federal DUI charges and penalties separately):

1st DUI offense

The penalties generally include the following:

  • Between 48 hours to 11 months, 29 days. If the driver’s BAC is .20 or higher, the driver must serve a minimum seven consecutive-day jail sentence.
  • License revocation. A conviction results in the loss of driving privileges for one year. Some drivers may be eligible for a restricted license to drive to and from work and under certain other conditions.
  • Drivers may be ordered to pay restitution to anyone who suffers a physical injury or personal loss.
  • The fine can range from $350 to $1,500.
  • A defendant can be ordered to participate in an alcohol and drug treatment program.
  • Ignition Interlock Device (IID). A defendant may be ordered to install an IID at their own expense – costs can be more than $1,000. An IID tests the driver’s BAC before starting their vehicle and at random intervals while driving. If the breath sample is above the set limit, the vehicle generally will not start; the device may also require rolling retests while driving.

2nd DUI offense

Tennessee can review your prior DUI offenses when reviewing the sentence for a current charge. The state’s enhancement rules include lookback provisions that determine how the state may consider prior DUI convictions, and how far back into your record they can look. A second DUI conviction can include the following penalties, fines, and conditions:

  • 45 days to 11 months, 29 days.
  • License revocation. A defendant’s license could be revoked for two years. A restricted license (so a driver can drive to work and for other specific purposes) may be available.
  • Drivers may have to pay restitution to anyone who suffers a physical injury or personal loss.
  • The fine can range from $600 to $3,500.
  • Attendance at an alcohol and drug treatment program is mandatory.
  • Ignition Interlock Device. IID requirements and duration depend on the offense and the court’s order; IID is commonly required to obtain a restricted license and may be required as a condition of reinstatement under Tennessee law.
  • Other conditions. Your vehicle could be subject to forfeiture/seizure.

3rd DUI offense

  • Not less than 120 consecutive days in the county jail or workhouse, and not more than 11 months, 29 days.
  • License revocation. Your license could be revoked for six years. You may be eligible for a restricted license.
  • Drivers may have to pay restitution to anyone who suffers physical injury or personal loss.
  • A mandatory fine of $1,100 to $10,000.
  • Attendance at an alcohol and drug treatment program is mandatory.
  • Ignition Interlock Device. IID requirements depend on offense history and reinstatement conditions; Tennessee generally imposes a defined ignition-interlock usage period subject to statutory and compliance-based rules
  • Other conditions. Your vehicle could be subject to seizure/forfeiture.

4th and subsequent DUI offenses

A 4th DUI is a Class E felony. In addition to an increase in the penalties, a felony can make it hard to find work, a place to live, and obtain credit. The penalties for 4th and higher number DUIs include:

  • Minimum 150 consecutive days. Up to the maximum sentence allowed for the applicable Class E felony range.
  • License revocation. Eight years for a fourth or subsequent offense (a restricted license may be available).
  • Drivers will have to pay restitution to anyone who suffers physical injury or personal loss.
  • A $3,000 to $15,000 mandatory fine.
  • Attendance at an alcohol and drug treatment program is mandatory.
  • Ignition Interlock Device. IID requirements depend on offense history and reinstatement conditions; Tennessee generally imposes a defined ignition-interlock usage period subject to statutory and compliance-based rules.
  • Other conditions. Your vehicle could be subject to seizure/forfeiture.

A 5th DUI is a class D felony. A 6th conviction is a class C felony.

IID and TAD (Transdermal Alcohol Device) violations could result in additional charges and penalties.

Are there alternatives to jail for a first-time or repeat DUI offense?

First-time offense alternatives

Some individuals facing a first-time DUI offense may be eligible to serve their sentences in rehabilitative facilities. These facilities have programs that focus on education, counseling, and recovery to help treat the defendant’s alcohol or drug issues and reduce the risk of further DUI offenses. Placement in these facilities is within the judge’s discretion.

Tennessee’s DUI Recidivism Reduction Act

In July of 2014, the DUI Recidivism Reduction Act was enacted in Tennessee. This law aims to help defendants who have substance abuse problems treat their problems instead of incarcerating them. Counties like Blount County (home to Maryville) use Recovery Courts to handle repeat DUI offenses. Generally, recovery courts have the following conditions:

The defendant must serve some of their sentence in jail. Thereafter, the defendant participates in alcohol and/or drug counseling. Defendants may be required to wear a transdermal alcohol monitoring device, or a TAD, once they leave jail. TADs include ankle bracelets and drug patches. Defendants may need to use and pay for an IID.

Other DUI alternatives may include weekend jail sentences (so defendants can work during the week), work release programs, community service, and electronic monitoring.

How do you fight for anyone charged with a DUI in Maryville?

At Delius, McKenzie & McCarter, we understand that a DUI conviction affects your freedom, your finances, your ability to drive, your ability to work, and your reputation. We work to obtain a dismissal of the charges or an acquittal. In some cases, we may negotiate for reduced charges where legally and factually appropriate, depending on the evidence and the prosecutor’s discretion.

Some of the defenses we may assert include:

  • Arguing that the police did not have the right to stop you.
  • Arguing that the police did not properly conduct a field sobriety test, a breath test, or a blood test.
  • Arguing that the breathalyzer equipment was not properly validated.
  • Arguing that you were not the driver.
  • Asserting your Constitutional defenses.
  • Arguing that the government cannot prove its case beyond a reasonable doubt.
  • Other defenses.

Do you have a Maryville repeat DUI/DWI defense lawyer near me?

We meet DUI defendants at our office located at 124 Court Avenue in Sevierville. If you’re in custody, we can meet you at a Tennessee prison or detention center. We also speak with defendants by phone and through online video.

We’re here to answer your questions and fight for your freedom.

We also handle DUI cases in the Sevierville, Gatlinburg, and Pigeon Forge areas.

Get help from our respected Maryville DUI defense lawyers now

DUI charges are frightening. You need lawyers on your side who have experience contesting DUI charges with prosecutors and before juries. At Delius, McKenzie & McCarter, we’re here to persuasively assert your rights and assert your defenses if you are arrested for DUI. Please call us or complete our contact form to schedule a consultation.