Driving Under the Influence (DUI)

Driving Under the Influence (DUI) (Tennessee Code Annotated § 55-10-401) has become one of the most feared criminal charges for the everyday person, and rightfully so. Under current Tennessee Law, a DUI carries punishments of loss of license, jail time, fines and community service. For multiple DUI offenders the penalties are even harsher. New laws recently enacted require ignition interlock devices to be installed in your vehicle if you blew over .15, had a child in the vehicle, were involved in a wreck, or have multiple DUI convictions. Most people will lose their job if they are convicted of a DUI. Almost everyone will lose their job if they go to jail for 45 days.

1. That the motorist was driving or was in physical control of an automobile or motor driven vehicle; and
2. That the motorist was doing so on a public road, highway, public street, shopping center, trailer park, apartment complex, or any premisesfrequented by the public at large; and
3. That the motorist was under the influence of an intoxicant, narcotic, or drug stimulating the central nervous system; or
4. That the alcohol concentration in the motorist blood or breath was eight-hundredths of one percent (.08%) or more.

Remember, the moments after you are stopped by police are the most important to a good defense. Remember, anything you say CAN and WILL be used against you.

Field Sobriety Testing is optional and can be refused. These tests are extremely difficult, unreliable, and often the only proof of impairment other than the typical odor of alcohol and bloodshot watery eyes. These tests should be avoided at all costs.

You have the right to refuse chemical tests that are used to determine the drug or alcohol content of your body. Please note however that the Tennessee Implied Consent Statute (Tennessee Code Annotated § 55-10-406) states that any person who drives a motor vehicle in Tennessee has given consent to a chemical test (blood, breath or urine) to determine the drug or alcohol content of the person's blood. An officer has the right to request such a test if said officer has reasonable grounds to believe that the person is driving under the influence. A motorist has the right to refuse to submit to a chemical test in most cases; however, such refusal typically results in the revocation of the person's driver's license. For first time offenders, that is one (1) year; for second time offenders it is 2 years; and for multiple offenders can be even longer. It is important to note that even if you are successful in winning the DUI case at trial or settle the case, a person may still lose the Implied Consent case, resulting in loss of license and, in some instances, mandatory jail time.

We will begin assisting you from the moment you hire us to represent you and an attorney will handle all aspects of representation from visiting the scene of the arrest, examination into probable cause aspects of the traffic stop or investigation, examining all police reports and records, including a 132 Form in Davidson County; reviewing any equipment or devices that may have been used to acquire evidence; investigate the conduct of the police officer, nurses or other medical personnel that may have conducted testing; and all aspects of our client’s medical history that could have caused the officer to have come to the wrong conclusion.

The district attorneys are under even more pressure these days to convict people charged with DUI’s. Police officers are out on the street every night looking to investigate and arrest individuals who they suspect have had too much to drink. They have even created task forces to go out at night near the bars and night spots just to target DUI offenders. Individuals charged with DUI must hire an experienced DUI attorney to avoid being another statistic.

At Freeman & Fuson, we are dedicated to defending individuals who have been charged with alcohol related driving offenses, including Driving Under the Influence (DUI). Joseph Fuson was voted TOP 3 DUI Attorney in Nashville in 2008 and voted Top 3 Attorney in Nashville in 2009 by the Nashville Scene Readers Poll.

The attorneys at Freeman & Fuson are accessible and will be available 24 hours and 7 days a week to discuss your case. Call Joseph (615-717-5176) or Mark (615-390-9004)