Underage DUI in Tennessee

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Tennessee has a drinking age of 21 years old and the consumption of alcohol by anyone under the drinking age is illegal. There are some exceptions to this law; however, and consumption of alcohol for religious purposes is accepted. This does not affect the law regarding driving under the influence, underage drinkers still cannot operate a vehicle after consuming alcohol. If an underage drinker is pulled over and has a Blood Alcohol Content (BAC) level of .02% or higher, they may be cited for DUI. The age of the suspect plays a part in the determination of the consequences.

Potential Penalties for Underage DUI

If between ages 16 and 18, an underage DUI offense is punishable by a license suspension for up to one year, a fine of up to $250, and up to 48 hours in prison. If between ages 18 and 21, the penalties may differ, such as:

First Drunk Driving Conviction:

• Up to 11 months in prison
• A fine between $350 and $1,000
• Up to one-year license suspension

Second Drunk Driving Conviction (within 10 years of the first):

• Between 45 days and one year in prison
• A fine between $600 and $3,500
• Up to a two-year license suspension

When it comes to underage DUI cases, there could be other charges involved, including minor in possession, possession of false identification, and more. These charges may stay on your criminal record forever and affect your ability to find work. Seeking aggressive representation from a Chattanooga DUI attorney is advised in order to have a strong defense by your side. Davis & Hoss, PC has more than 35 Years of Experience representing the criminally accused in their DUI cases.

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.