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Murfreesboro DUI Attorney Answers Tough Questions About Driving Under the Influence

Stiff penalties for DUI in Tennessee

Tennessee law provides stiff penalties for those convicted of driving under the influence (DUI), and district attorneys are quick to prosecute. Punishments include probation, jail, suspension of your drivers license, increase in auto insurance premiums, and court-ordered substance abuse treatment.

Am I required to undergo a field sobriety test?

No, you can refuse to take a field sobriety test (FST), even if asked to by an officer. On the other hand, the officer has no duty to inform you of the right to refuse.

Remember that FSTs are designed to be failed by a person under the influence. Nevertheless, FSTs are not science-based. There are several ways our skilled Murfreesboro DUI attorney attacks the credibility of a failed FST by asking the following questions:

  • Did the officer properly instruct you for the test?

  • Has the officer received any department-mandated training to perform the test?

  • Did the officer properly administer it?

  • Was the test a standardized version from the National Highway Traffic Safety Administration?

  • Was your performance objectively assessed?

Can I refuse a chemical test?

It depends. If you’ve been driving, the law says you’ve given implied consent to undergo a urine or blood test. If this is your first DUI, you can refuse, but this can result in suspension of your drivers license or criminal penalties. However,  the officer does not need your consent if you have a prior DUI conviction.

Can I confer with a lawyer or family member before consenting to a chemical test?

No, in Tennessee you can’t discuss it with a lawyer or friend before deciding whether to undergo a chemical test.

Is DWI the same as DUI?

In Tennessee, driving while impaired (DWI) applies to drivers who are under 21 years old.

Should I hire a DUI lawyer?

Yes. Armed with a DUI attorney from the outset lets the prosecutor know you are taking your defense seriously. Our experienced Murfreesboro DUI lawyer vigorously defends your case by investigating key questions. For example, was there probable cause to stop the vehicle? Was the FST administered properly? If a warrant was issued, was it properly obtained? Was any resulting chemical test correctly performed? Were there any witnesses to the traffic stop, or is there footage from the officer’s dashboard camera?

How long does a DUI charge stay on my criminal record?

For life. Current Tennessee law does not allow removal of a DUI conviction. In some cases, you may be able to get a charge (that was subsequently dismissed) expunged.

Don’t face Tennessee DUI charges without an experienced DUI attorney by your side

For more information about how Murfreesboro DUI attorney David L. Scott is ready to defend your DUI charge, call us at 615-896-7656 or contact us online. We offer a free initial consultation, so call today.





2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

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4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

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Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.


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