Tennessee Felony DUI

Need a lawyer for a DUI case in Chattanooga?

DUI offenses are generally charged as misdemeanor offenses in Tennessee. There are several cases; however, where the charges can be increased to a felony offense with harsher penalties. If you are facing felony DUI charges, contact Davis & Hoss, PC to discuss the potential defenses for your case.

When is a DUI a Felony Offense?

The first three DUI convictions that you face are all charged as misdemeanors. A felony DUI may arise in any of the following situations:

• A Fourth DUI offense
• Vehicular Assault
• DUI with Child Passenger
• Vehicular Homicide
• Aggravated Vehicular Assault

A fourth DUI is charged as a Class E felony in Tennessee and is punishable by between 150 days on one year in jail, a fine of up to $15,000, eight year license revocation, alcohol treatment program, ignition interlock device and more. Vehicular Assault and DUI with Child Passenger offenses are both charged as Class D felonies. A Class D felony in Tennessee is punishable by between two and 12 years in jail, license revocation, fines, court costs and more. Vehicular homicide is a Class B felony offense and Aggravated Vehicular Assault is a Class A felony. There are severe penalties on the line when facing felony DUI charges.

On top of the criminal penalties, you may be ordered:

• Community service
• Rehabilitation programs
• DUI school completion depending on the judge for your case

Team Up With Davis & Hoss, PC for Felony DUI Cases in Tennessee

For the best possible chance of avoiding conviction in your DUI case, you need a highly-qualified and experienced Chattanooga DUI attorney. For more than two decades of experience on your side, contact Davis & Hoss, PC.

Field Sobriety Tests

Can they be challenged?

If you were recently arrested for DUI, you were likely asked to perform a series of roadside tests called Standardized Field Sobriety Tests (SFSTs). If these tests did not go well, then we would like to help.

At Davis & Hoss, PC, we have been challenging field sobriety tests for over 35 years, over which time we have defended thousands of DUI cases. All DUI evidence is open to question and evidence from field sobriety tests is no exception!

Standardized Field Sobriety Tests (SFSTs)

The Standardized Field Sobriety Test (SFST) is a battery of three tests that are administered by law enforcement to obtain probable cause to make a DUI arrest. These tests are supposed to help the police acquire evidence that someone is intoxicated.

The three SFSTs include:

• Horizontal Gaze Nystagmus (HGN)
• Walk-and-Turn
• One-Leg Stand

In the typical scenario, the police officer observes the defendant speeding or driving erratically and initiates a traffic stop. Based on the officer’s observations, the officer conducts a DUI investigation and has the defendant submit to the standardized field sobriety tests.
The defendant is then arrested and charged with driving under the influence of alcohol in violation of 55-10-401.

Questioning Field Sobriety Test Evidence in Court

As Chattanooga DUI attorneys, we can tell you without a doubt that field sobriety testing evidence is open to question. An officer can administer tests but not in accordance with the standardized field training manual used by the National Highway Traffic Safety Administration (NHTSA).

When this occurs, and it does, the issue raised is not whether the tests are admissible, but rather, whether or not they are reliable since the officer admits that the tests were not administered according to NHTSA standards.

SFST Evidence is Not Beyond Challenge

Of all three tests, the HGN test is considered to be the most accurate and effective method of detecting alcohol impairment; however, the results of the HGN test are not conclusive and the validity of HGN tests and the other tests are not beyond challenge.

If we can show that the evidence from field sobriety tests is unsound, then we may be able to persuade the trial court to bar its admission. It is our ultimate goal to show the court that the test results are infirm.

Challenging DUI Evidence

Using DUI Defenses that Work

People often feel that once they have been arrested for DUI that their case is hopeless and there is nothing they can do but accept their punishment. This couldn’t be further from the truth! At Davis & Hoss, PC, we have defended thousands of DUI cases since 1986, over which time we have helped clients obtain sentence reductions, reduced charges, and dismissals.

From many years of experience, we can tell you that there are DUI defenses that work!

Why we should be your first call:

• We offer FREE case evaluations.
• We are experienced trial lawyers.
• Attorney Davis is rated 10.0 Superb by Avvo.
• We handle state and federal cases.

There are Always Ways to Challenge DUI Cases

DUI cases are unique from other criminal offenses because they require that defense attorneys have an understanding of the scientific and legal processes involved. Such issues are wide ranging and include search and seizure, due process, police misconduct, illegal interrogation, and evidentiary issues.

As experienced Chattanooga DUI attorneys, we understand the legal and scientific issues that intersect in DUI cases. Not only that, but we have a working understanding of how breath testing equipment is operated, as well as the procedures for collecting, analyzing, and storing chemical evidence.

Examples of questions to raise in a DUI case:

• Was your traffic stop legal?
• Were the field sobriety tests done correctly?
• Was the chemical test analyzed and stored correctly?
• Do you have a medical condition that could mimic impairment?
• Was the breath testing equipment calibrated correctly?
• Does the evidence on the dash cam match up with the officer’s testimony?

Contact a Chattanooga DUI Defense Lawyer

The above questions are only the tip of the iceberg. Over the years, we have developed effective techniques for cross-examining arresting officers and prosecution experts.

When facing the possibility of hefty fines, license revocation, incarceration, the installation of an Ignition Interlock Device (IID), attendance in a drug and alcohol treatment program and skyrocketing insurance premiums, you are going to want a defense attorney who knows how to investigate and develop these kinds of defenses.

DUI with Injury

Vehicular Assault in Tennessee

Are you being accused of causing serious bodily injury to another person as a result of drunk or drugged driving? If so, you are facing felony charges for vehicular assault and should engage a contact a criminal defense attorney right away.

DUI & Serious Injury to Another Person

Under Tennessee law, when a driver recklessly causes serious bodily injury to another person as a result of intoxicated (under the influence of alcohol or drugs) driving, that person commits vehicular assault, which is covered under Section 39-13-106 of the Tennessee Code.

Under 39-13-106, the offense of vehicular assault, a Class D felony.

Penalties for vehicular assault, include:

• License revocation for 1 to 5 years
• Between 2 and 12 years in prison
• Fines and court costs
• A restricted driver license is not available

Serious Representation in Your Felony DUI Case.

As Chattanooga criminal defense lawyers, we understand that the majority of people who are arrested for DUI are everyday people with families and jobs depending on them.

If you are facing charges for vehicular assault, you need and deserve the best defense representation you can find. You should retain an experienced defense attorney from our firm that works proactively to pursue a positive outcome in your felony DUI case. We genuinely care about you and your future and are here to help.