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Sevierville DUI Defense Lawyers
Help for residents and visitors in Sevierville, Seymour, Gatlinburg, and Pigeon Forge facing DWI/DUI charges
In Tennessee, if you are suspected of drinking alcohol and then driving, you can be charged with Driving Under the Influence (DUI). A DUI conviction carries fines and penalties that increase depending on how high your Blood Alcohol Content (BAC) is, whether or not you have been convicted of a DUI before, whether anyone was hurt, and other factors. The Sevierville DUI defense lawyers of Delius, McKenzie & McCarter have 60+ years of combined experience fighting for in-state and out-of-state defendants who are charged with a DUI in Tennessee.
Our record of DUI results includes hundreds of not guilty verdicts at trial; over 1,000 DUIs dismissed prior to trial due to defects in the arrest warrant, constitutional violations by law enforcement or its affiliated agencies, or challenges to the evidence; and hundreds of successful motions hearings securing the suppression of evidence that was illegally obtained by law enforcement which led to the dismissal of all charges, including drug-related felonies, that have arisen as a result of vehicle searches stemming from unlawful DUI stops.
How can we help?
- How common is drunk driving in Tennessee?
- What are the requirements for proving a DUI charge in Sevierville?
- What are the penalties for first-time and subsequent DUI offenses?
- What defenses do you assert on behalf of DUI defendants in Sevierville?
- Do you have a Sevierville DUI defense lawyer near me?
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How common is drunk driving in Tennessee?
According to the state of Tennessee, in 2023, more than 7,500 vehicle accidents involved an impaired driver. The odds of an impaired driving accident being fatal were 15 times more likely than non-impaired driving accidents. Impaired drivers were five times more likely to speed and nine times more likely not to wear a seat belt. Drivers between 25 and 29 were the age group most likely to drive while impaired.
What are the requirements for proving a DUI charge in Sevierville?
In Tennessee, the police can charge you with a DUI if you do any of the following:
- Drive under the influence of any intoxicant, marijuana, controlled substance, or other substances that affect your central nervous system to the point of impairing your ability to safely operate your motor vehicle.
- Drive with a blood or breath alcohol content (BAC) level of .08 or higher.
- Drive with a blood or breath alcohol content (BAC) level of .04 or higher if you have a commercial driver’s license (CDL).
Standard field sobriety and breath tests
The police can stop you if they have a reasonable suspicion that you may be driving while impaired. It’s common practice for police officers to give you field sobriety tests before they ask you to take a breath test. Field sobriety tests include among other tasks:
- Horizontal Gaze Nystagmus. The police officer will ask you to follow an object with your eyes, such as a pen.
- Walk and turn test. The officer will ask you to take nine steps (heel-to-toe), turn on one foot, and return to the officer.
- One-leg stand test. The officer will ask you to stand on one leg for 30 seconds.
The police must use breath tests that are properly calibrated and inspected for accuracy.
What are the penalties for first-time and subsequent DUI offenses?
The penalties vary depending on your prior offense record.
- 1st Imprisonment for 48 hours to 11 months and 29 days. A fine between $350 and $1,500. Loss of driving privileges for up to 1 year. You may have to pay administrative costs up to $4,900.
- 2nd Imprisonment for 45 days to 11 months and 29 days. A fine between $600 and $3,500. Loss of driving privileges for up to 2 years.
- 3rd Imprisonment for 120 days to 11 months and 29 days. A fine between $1,100 and $10,000. Loss of driving privileges for up to 6 years.
- 4th Up to one year 150 days must be consecutive. A fine between $3,000 and $15,000. Loss of driving privileges for up to 8 years.
On a second or subsequent DUI, your vehicle may also be subject to seizure and forfeiture, depending on the circumstances. Courts must require DUI school and an alcohol/drug assessment, and may order substance abuse treatment as indicated, as conditions of probation. Enhanced penalties apply at 0.15% BAC or higher for a first-offense DUI (minimum 7 consecutive days). Other possible DUI-related charges include vehicular manslaughter, child endangerment, vehicular homicide, and aggravated vehicular assault while driving intoxicated. Note that underage drivers can be charged with a DUI if they have a BAC of .02%.
Ignition interlock device
A judge may order a driver who has a DUI conviction to install and use a vehicle ignition interlock device (IID) to ensure the driver cannot drive (the car won’t start) or continue driving (the car’s lights and horns will flare, forcing the driver to stop) if the driver fails a breath test. The test is given before the car starts and while the car is in operation. “As of January 1, 2024, all ignition interlock devices must have a GPS feature which can report the location of the vehicle every time the car is started, when a breathalyzer is required, and when a test is skipped.”
If you have two DUI convictions in 5 years, you must use the IID for 6 months after reinstatement of your driver’s license at your own expense.
Breath test refusal
If you are asked to take a breath test, you have the right to deny it – but you could lose your license for one year as a result of a first offense and two years for a second offense or for a crash that involves bodily injury. You can lose your license for five years for a refusal if there is an accident that causes a death.
The smartest move you can make when you’re facing DUI/DWI charges is to contact an experienced Sevierville DUI defense lawyer immediately. Our team has helped numerous people charged with state and federal DUIs in Sevierville, Gatlinburg, and Pigeon Forge. We want to help you, too, whether this is your first time being charged or you are an alleged repeat offender.
Restricted driver's license
Drivers whose license is suspended for a DUI offense may be eligible for a restricted driver’s license (depending on their prior DUI record and any other factors) to drive to work, school, medical appointments, or treatment programs.
What defenses do you assert on behalf of DUI defendants in Sevierville?
We assert every possible legal and factual defense that can help you. Common DUI defenses include the following:
- The police did not have a reasonable suspicion that you were driving while impaired. They can’t stop you because of the car you drive or what you look like.
- The police did not properly explain how the field sobriety or breath tests work.
- The police cannot verify the accuracy of the breath machine they used to test your BAC level.
- The police violated one of your Constitutional rights.
- You have a legitimate explanation for a high breath test result.
- The police cannot prove their case beyond a reasonable doubt.
- Other defenses depend on what happened.
Do you have a Sevierville DUI defense lawyer near me?
Yes. At Delius, McKenzie & McCarter, we meet DUI defendants at our Sevierville office, located at 124 Court Avenue, or, if you are in custody, our team offers in-custody visits. We also speak with clients by phone and through Zoom and other online platforms, which helps defendants whose license was suspended talk with us.
We’re here to explain how the criminal process and the license suspension process work.
Contact our Sevier County DUI defense lawyers today
Delius, McKenzie & McCarter, provides aggressive representation to clients charged with a DUI on roadways in and around Sevierville, Seymour, Gatlinburg, and Pigeon Forge. We fight hard to have your charges dropped, obtain acquittals, and reduce when necessary. To schedule an appointment, please call us or fill out our contact form to schedule an appointment.