DUI

Murfreesboro DUI Attorneys

DUI Defense Attorney

As humans, we are prone to making mistakes and a DUI charge is common amongst non-criminal individuals. Likewise, sometimes law enforcement officers make mistakes causing you consequences. As a former police officer, Slager Law Firm has the knowledge to work through the fine details of your DUI case.

Sobriety Test Refusal

There is a common misconception in Tennessee that if you refuse a sobriety test it could protect you from a DUI charge. As a licensed Tennessee driver, you have implicitly consented to a test of blood and/or breath if you are arrested on suspicion of driving under the influence, vehicular homicide or vehicular assault. 

DUI laws, including implied consent, are constantly changing. 

Standards for a Mandated Breath Test

  • Expressive consent to take a breath test
  • A valid search warrant Lawful DUI arrest based on a incident
  • Probable cause that a driver has caused an accident while under the influence

Standards for a Mandated Blood Test

  • Driver gives explicit consent along with a written waiver
  • A valid search warrant
  • Pressing circumstances that allow a search without warrant
    • This may include unconscious or incapacitated persons

55-10-406 of TN Code Annotated dictates when tests are mandatory and optimal. We find blood tests are use more often than breath tests.



Penalties for a DUI Charge in TN

The penalty for a DUI offense is based on your previous criminal background. You can view a full comprehensive list of DUI offenses on the Tennessee Department of Safety website.  


For a 1st offense DUI in Tennessee, the following punishment includes:
  • 48 hours up to 11 months, 29 days in jail with the balance of supervised probation
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year - Restricted License available
  • Pay restitution to any person suffering physical injury or personal loss
  • $350-$1,500 fine
  • With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
  • Ignition Interlock Device installed at your expense. Minimum first year costs could exceed $1,000.00
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Drug and Alcohol Treatment may be required at the judge's discretion
For a 2nd offense DUI in Tennessee, the following punishment includes:
  • 45 days to 11 months, 29 days in jail
  • $600-$3500 mandatory fine
  • License revocation for 2 years - Restricted License available
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend an alcohol and drug treatment program
For a 3rd offense DUI in Tennessee, the following punishment includes:
  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 6 years - Restricted license available
  • Alcohol and drug treatment program
For the 4th and subsequent offense DUI, the following punishment includes:
  • Class E Felony
  • 1 Year (365) days of jail time with a minimum of 150 consecutive days served
  • $3,000 to $15,000 mandatory fine
  • License revocation for 8 years - Restricted license available

What is the 20 Minute Observation Period?

Tennessee Law states that a law enforcement officer must observe you for 20 minutes before administering an admissible breath alcohol test. The purpose behind this is to prevent contamination caused by a burp, belch or hiccup. These instances can bring alcohol from the stomach to the mouth, skewing the breath test results. 

If the officer does not observe you for the full 20 minutes prior to the breath alcohol test, the results may not be admissible as evidence. This could include distractions such as use of a cellular device or computer, or a conversation with a fellow officer. These factors can be helpful in your defense.

Hire a Murfreesboro Attorney for DUI Charges

If you have been charged with a DUI in Murfreesboro, TN, hire the best DUI Defense Attorneys near you. Call Slager Law Firm for a free consultation.
Share by: