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 above 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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"Repeat offender facing time"
When I got I hemmed up in Gallatin and caught two charges, I was told I was facing 180 days plus an extra 180-365 days serving time. I told my folks I was tired of taking chances with amateurs when It came to a legal defense lawyer. I initially called Frank Lannom's office, but they regrettably informed they did not practice in Sumner but they knew who did that was just as good and experienced. They gaveme the number to Mr. McKinneys office here. I called them up and Ms Savannah Edmonds met with me that day on a zoom meeting. I gave a very professional summarization of my charges , sentance they carried, as well as the exact figure they would charge. She even called me back to correct herself on something she said wrong. I thought that was exceptionally professional. Needless to say I knew May and McKinney were the lawyers I want defending me. It's easy to make back money. You can't get your time back. Anyway today was the first day of court with my Lawyer. And my first offer was "both charges dismissed" . Now you can't get much better than that. If you want to save money, take the amateurs and risk loosing your life, your name, your integrity or hire the professionals of May and McKinney and get results. Remember "you get what ya pay for" and with May and Mckinney it's well worth every penny !

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You were an answered prayer and restored my faith. The negatives and hardships I went through along the way have made me a stronger and wiser woman.

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This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.

- SA
"Stop searching for an attorney. Stop worrying about your legal woes. Stop wondering if your attorney actually cares and start letting Rob McKinney handle your case."
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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I would like to take this opportunity to personally thank you and your entire team. I could not be more satisfied with the outcome McKinney law produced, especially considering the circumstances. McKinney law helped me navigate and overcome difficulties that I am still astounded by. Even through these stressful times, you were there for me and my family. I will not hesitate to recommend or if ever needed have you represent me again. I will certainly let anyone I know, that you and your team are the best hands down! Thanks again, Rob! Your assistance and representation were completely amazing!

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My family will always be grateful to you.

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"Do not give up hope"
Words cannot express my gratitude and appreciation to Rob McKinney and his entire law firm. This was my first experience with needing legal representation. After speaking with other attorneys, I was told that there was not much they could be do for me. I was fully aware that the odds were stacked against me and I was losing hope. Mr. McKinney told me that he would fight for me and that is exactly what he did. I could not have asked for a better outcome. I highly recommend this firm

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I appreciate absolutely everything that you and your team have done for me. I could not have made a better decision than to have your representation during this horrific time in my life. Along the way, I feel like I was educated about the process and felt at ease with every step. The due diligence that was done on your behalf was top tier and goes without saying, simply awesome! The only regret I have is not coming to your first. You have my full support of referrals to anyone I hear that needs a great defense team in their corner, because I sure did! Again, Thank you!

- Anonymous

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