DUI is a misdemeanor in Nashville and punished more vigorously and more efficiently than most offenses. It is a severe crime that endangers everyone else on the road. Hence, in Nashville DUI lawyer is of primal importance when it comes to DUI related cases. Per the recent Tennessee Department of Homeland Security, TITAN Division document on recognized alcohol related road accidents, drunk driving accidents are seeing a steady decline from 2009 to 2019. However, 67,455 recorded alcohol-related accidents have happened so far in the decade.
The DUI Law
A person can be convicted of DUI in two ways. First, there should be proof that the driver is physically and mentally incapable of driving. If you are shifting from lane to lane and going at an odd speed, the police may have fair grounds to pull you over and check to see if you are intoxicated.
Evaluations include field sobriety tests like reciting the alphabet backwards and walking in a straight line or chemical checks such as breathalyzer or urine test. You can legally refuse such examinations, but this results in the automatic revocation of your license for a term of up to two years.
The other way you can get charged is when your blood alcohol content reaches 0.08 percent or higher. Therefore, even when you have strong alcohol tolerance, you can still be arrested.
Below is a rundown of the standard steps of the Nashville’s judicial process from the moment the offender gets arrested through trial:
A law enforcement officer should have probable grounds to believe that criminal activity is or has been perpetrated for the arrest to be legal. When the arrest is for a misdemeanor, the offense should have been committed within the proximity of the police.
In Nashville, they will read you the charges at the trial where the court will ask you how you will plead. It is a smart decision to hire a NashvilleDUI lawyer to represent you. DUI trials can be intricate, and finding a lawyer who will defend you reduces its adverse effects on your life.
- Grand jury
It incorporates 13 people meeting in private to re-identify whether probable cause exists. They meet the witnesses of the prosecution, not the accused or their attorney.
The indictment refers to the legal case against the offender. The charge gets certified by the grand jury and must render against each aspect of the crime.
- Criminal Court
In the Criminal Court, the accused is considered innocent and may demand the state to establish guilt beyond a reasonable doubt before a jury of 13 community members. All accused may contest their accusers to require witnesses to take part and to remain silent if they do not want to testify. Defendants have the right to a lawyer, so the state will designate a lawyer when the accused cannot afford one.
#1 Unlike South Dakota, Pennsylvania, District of Columbia, and North Dakota, which are the most lenient states without a minimum sentence for the first and second DUI offense, Nashvillehas prison time for a first time DUI violator. At the minimum, violators may get 48 hours in prison and up to one year with a fine between $350-$1,500. The license may be suspended for one year. Likewise, you will have to take part in a drug and alcohol rehabilitation program.
#2 A second drunk driving offense consists of at least 45 days and a max of one year with a federally mandated fine of $600-$3,500, and a license cancellation for two years. When you get your license back, it is limited only for employment, school, court-ordered liquor initiatives, or interlocking device monitoring. The state can also seize the vehicle in your second DUI.
#3 The third DUI offense comprises of 120 days in prison and a maximum of one year, a mandatory fine of $1,100-$10,000, and a suspension of the driver’s license for six to ten years without the prospect of getting a limited permit for work-related purposes.
#4 Fourth and future DUIs are federal crimes that will bring you a minimum of one year in jail, a maximum penalty of $3,000-$15,000, and a suspension of license for eight years without an available restricted license.
The court can also order compensation to any individual you have negatively impacted for any DUI. Securing a driver’s license following a DUI requires a variety of expenses, including a $100 reinstatement charge, $50 for an SR-22 insurance plan, plus additional service fees or car registration charges.
The DUI judicial process in Nashville may seem overwhelming to anyone convicted for DUI, but it is not impossible to resolve. Research properly. Get a competent lawyer to evaluate the case to provide an accurate assessment and guidance about how you should proceed.