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.

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In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.

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In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.

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I can’t thank Rob Mckinney enough for all of his help with my case . I had never been in trouble before, & was very leery on paying for a lawyer, but from the moment I hired them, until my case was over, I never regretted my decision to have them represent me. Both Rob & Shyanne took every one of my phone calls, & answered every question that I ever could possibly come up. I was an emotional mess from the get go, and probably asked 1000 more questions than necessary, but they took the time to go through absolutely everything with me, and never made me feel like I was wasting their time or that I was inferior to them. Their knowledge, wisdom and guidance was so comforting & helped me with the stress of the legal process. My case took 2 years & 13 court appearances, so it was not an easy journey, but they made me feel at ease the entire time, & in the end, the charges were dropped. Thank you ! - Lisa F (aka super satisfied client)

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I cannot speak highly enough of Savannah and her incredible team. From the very start, she demonstrated expert care, attentiveness, and a true dedication to my case. Her professionalism and knowledge made the entire process smooth, and she took the time to ensure I understood every step along the way. What truly sets Savannah apart is her compassion and commitment. She and her staff were always responsive, thorough, and supportive, making me feel confident that my case was in the best hands. Their attention to detail and ability to navigate complex situations with ease made all the difference. I highly recommend Savannah and her team to anyone in need of expert legal representation. They not only fight for you but genuinely care about your well-being. Thank you for everything!

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