DUI Lawyer in Brentwood, Tennessee

A DUI charge is more than just a traffic violation; it’s a serious criminal offense. In Tennessee, the legal blood alcohol concentration (BAC) limit for drivers over 21 years old is 0.08%. If a driver is found to have a BAC at or above this level, they can be charged with DUI. For commercial drivers, the limit is stricter at 0.04%, and for drivers under 21, any detectable alcohol can result in a DUI charge. 

DUI charges are not limited to alcohol. Operating a vehicle under the influence of drugs, whether prescription or illegal substances, can also lead to a DUI arrest. Many states have a zero-tolerance policy for driving under the influence of drugs, and even a small amount of drugs detected in a driver can result in a DUI charge. 

Attorney William L. Pomeroy is here to help you understand DUI laws, defend your rights, and seek a favorable outcome rooted in justice. Call William L. Pomeroy Law today to schedule a time to discuss your case with an experienced DUI lawyer. 

The Consequences of a DUI Conviction 

The penalties for a DUI conviction in Brentwood, Tennessee, can be harsh and long-lasting. They may include: 

• Fines: Monetary fines can range from hundreds to thousands of dollars, depending on the severity of the offense and whether it is a repeat offense. 

• License suspension: A DUI conviction can result in a suspension of your driver's license, making it difficult to manage daily responsibilities. 

• Jail time: Depending on the circumstances, a DUI conviction can result in jail time, ranging from a few days to several months. 

• Probation: In some cases, probation may be imposed, requiring compliance with specific conditions set by the court. 

• Mandatory alcohol education and treatment programs: Courts often require offenders to attend DUI education programs or substance abuse treatment. 

• Increased insurance rates: A DUI conviction will likely lead to higher insurance premiums, increasing your overall financial burden. 

• Community service: Offenders may be ordered to complete a set number of community service hours, contributing to public welfare as a part of their sentence. 

• Ignition interlock devices: In some cases, offenders may be required to install an ignition interlock device in their vehicle, preventing the car from starting if alcohol is detected on their breath. 

DUI Laws in Tennessee 

Tennessee has specific DUI laws that set it apart from other states. Key points include: 

Implied Consent Law 

This law states that by driving on Tennessee roads, you automatically consent to chemical tests (breath, blood, or urine) if law enforcement suspects you of DUI. Refusing a test can lead to automatic license suspension and other penalties. 

Enhanced Penalties for High BAC

If a driver's BAC is 0.20% or higher, they face enhanced penalties, including longer jail sentences and higher fines. 

Repeat Offenses 

Penalties increase significantly for repeat DUI offenses. A second DUI can lead to mandatory minimum jail sentences, longer license suspension periods, and higher fines. 

Aggravating Factors 

Certain factors, such as having a minor in the car or causing an accident that results in injury or death, can lead to aggravated DUI charges with more severe consequences. 

Administrative License Revocation 

Upon being charged with DUI, Tennessee law allows for immediate administrative license revocation, even before a court conviction. This means drivers can lose their licenses shortly after being arrested. 

Alcohol Monitoring Devices 

Offenders may be required to use alcohol monitoring devices, such as Secure Continuous Remote Alcohol Monitors (SCRAM), which continuously check for alcohol consumption and report any violations to the authorities. 

Defending Against DUI Charges

A skilled attorney can use several defenses to achieve a favorable outcome in your case: 

• Challenging the traffic stop: If the traffic stop was not conducted lawfully, evidence obtained during the stop may be inadmissible in court. This could involve proving that the officer lacked reasonable suspicion or probable cause to make the initial stop. 

• Questioning the accuracy of BAC tests: Breathalyzers and other chemical tests are not infallible. Calibration errors, improper administration, and other factors can affect their accuracy. Medical conditions such as acid reflux or medications can also lead to false positives on breathalyzer tests, further complicating the accuracy of BAC results. 

• Investigating field sobriety tests: These are subjective and can be influenced by various factors unrelated to alcohol or drug use, such as medical conditions or environmental factors. An attorney may scrutinize the administration of these tests, highlighting inconsistencies or biases in how they were conducted to weaken the prosecution's case. 

• Examining police procedures: Law enforcement must follow specific procedures when conducting DUI arrests. Any deviations from these procedures can be grounds for challenging the charges. 

• Medical conditions and medications: Certain medical conditions and prescribed medications can affect BAC levels and physical coordination, offering a legitimate defense if they impact sobriety test performance. 

• Witness testimonies: Eyewitnesses can provide critical accounts that contradict the police report or offer alternative explanations for your behavior, strengthening your defense in court. 

Why Work With William L. Pomeroy Law?

Handling a DUI charge without legal representation can be a costly mistake. Attorney William L. Pomeroy is an experienced DUI attorney who understands DUI laws and can provide valuable guidance throughout the legal process. Here are some key reasons why you should work with him: 

Expert knowledge: He has a deep understanding of DUI laws and regulations. He can analyze the evidence, identify weaknesses in the prosecution's case, and develop a robust defense strategy tailored to your specific situation. 

Negotiation skills: He can negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options, such as diversion programs or probation. 

Protecting your rights: He will ensure that your rights are protected at every stage of the legal process, from the initial arrest to court appearances and beyond. 

Minimizing penalties: With William L. Pomeroy Law, you have a better chance of minimizing the penalties associated with a DUI conviction, preserving your driving privileges, and avoiding jail time.