Do I have to answer the officer's questions?
No. Although you have to cooperate with the officer, you do not have to answer questions about what you have had to drink, where you have been or where you are headed. Remember, you have the right to remain silent ---- exercise that right.
If I refuse to give blood, will I lose my license?
That depends... This is a recent change in Tennessee DUI law. If the officer requests that you submit to a blood draw and you refuse, you cannot be charged with Violation of Implied Consent. However, if the officer asks you to submit to a breathalyzer and you refuse, then the officer can charge you with Violation of Implied Consent. A Violation of Implied Consent conviction will result in the loss of your driver's license for one year. However, in most cases we can help you apply for a restricted license through the Tennessee Department of Safety.
Can the Police get a warrant to draw my blood?
Yes. Many of the law enforcement agencies in Rutherford County and Middle Tennessee are resorting to obtaining a search warrant when a person refuses to consent to the blood draw. A judge or magistrate has to make a positive finding of probable cause in order to execute the search warrant. This will be based on the officer's testimony of the DUI investigation and a detailed report of the defendant's performance on field sobriety tests.
Do I have to attempt the Field Sobriety Tests?
Absolutely not. In fact, we suggest that you never perform these tests. Odds are, even if you are 100% sober, you are going to fail some aspect of the field sobriety tests. All you are doing is providing more evidence against yourself by performing the field sobriety tests.
What if I think I passed the Field Sobriety Tests?
Most people feel this way. However, it is very easy for a police officer to find an error in your performance of the field sobriety tests. Luckily, most DUI traffic stops are captured on video. We sit down with our clients to watch the video and explain how this evidence affects their case.
How long does it take for my Blood Alcohol Content test results to come back?
All blood samples are sent to the Tennessee Bureau of Investigation for testing. It could take 6-8 weeks to get those results back. Sometimes, it could take even longer.
What are the penalties for a DUI in Tennessee?
Check out our DUI Penalties page for this answer.
Should I hire a lawyer to defend my DUI charge?
YES! Even if you choose to not hire one of our Murfreesboro DUI Attorneys, consult with an attorney. Don't rely on what your friends and co-workers say about DUIs, they aren't experienced Lawyers.