Driving Under the Influence of Intoxicants
If you are arrested and charged with driving under the influence of intoxicants
(DUI), speak with an experienced lawyer immediately.
What is DUI?
DUI is a person’s exercising control of a car or motorcycle while
under the influence of alcohol or another controlled substance. A person’s
simply being in a car while intoxicated – while the car keys are
in the ignition – may result in a DUI arrest.
DUI may be classified as a felony or a misdemeanor. The distinction is
the number of prior DUI convictions a person has in his criminal history
within an applicable time frame. In Tennessee, a fourth conviction for
DUI results in a felony. In Mississippi, a third conviction for DUI results
in a felony. DUI is prosecuted in the state court system.
DUI cases are prosecuted largely on the strength of alcohol content in
a person’s blood or breath. A reading of 0.08 or higher results
in an arrest for DUI.
What Happens if I Am Arrested for DUI?
After a person is arrested for DUI, the presiding judge sets bond and the
conditions of release. The amount of bail that will be set is a factor
of several issues. These include a person’s criminal history, his
ties to the community and the DUI offense number with which he is charged.
DUI offenses – given the danger to others – are treated seriously
by the courts. The punishment for DUI that a person faces increases dramatically
for successive offenses.
While a person may face 2 days in jail for an initial DUI in Tennessee,
the time in custody rises to 45 days for conviction of a second offense.
Once bail is posted, contact us. Even if you cannot post bail, ask a relative
to contact us. Do not plead guilty to any theft offense without speaking
to a lawyer.
Do I Need Legal Assistance if I Am Charged With DUI?
Do not plead guilty to any DUI without counsel. We regularly are able to
negotiate settlements in DUI cases that result in reduced charges for
our clients in both Tennessee and Mississippi. In many second offense
DUI cases, there are options available that result in treatment –
to incarceration. We therefore are able to obtain settlements that result
in non-custodial sentences for our clients.
A guilty plea to a multiple DUI offense has severe immigration consequences.
We have represented successfully many individuals whose immigration status
depended on our ability to achieve favorable settlements in their DUI cases.