DUI | The Evans Law Firm
Tennessee Criminal Defense
Knox, Jefferson, Sevier, Blount, Loudon, and other counties in East TN.
Everyone Makes Mistakes
The Evans Law Firm Can Help Get You
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Knoxville DUI Defense Attorney
Don’t Let One Mistake Define Your Future
A DUI arrest can feel overwhelming, embarrassing, and scary. One moment you’re driving home after having a good time with friends and family, and the next you’re in handcuffs and then jail. When you get out of jail, you’re likely to face more jail time, court dates, license suspension, fines, and the possibility of a permanent criminal record among other consequences.
But a DUI arrest is not the same thing as a DUI conviction.
At The Evans Law Firm, we help people charged with DUI in Knoxville and throughout East Tennessee understand their rights, protect their licenses, and fight for the best possible outcome
A DUI case is not something you should try to handle alone.
The consequences are too serious, and the process can be confusing. Between criminal court, license issues, chemical testing, jail exposure, and possible ignition interlock requirements, it can be difficult to navigate. Whether this is your first offense or you have prior convictions, the decisions you make early in the case can make a major difference.
If you have been arrested for DUI, do not wait to speak with an attorney.
Call The Evans Law Firm today for a free consultation.
DUI Charges Are Common, But the Consequences Are Serious
Many good people are arrested for DUI. Some misjudged their limit. Some were pulled over after a dinner, concert, football game, or night downtown. Others were arrested even though later testing showed no alcohol or drugs in their system.
In Tennessee, DUI enforcement is aggressive. Thousands of people are arrested for driving under the influence every year. A DUI charge can happen quickly, but the consequences can last much longer.
A conviction will affect your:
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Driver’s license
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Insurance rates:
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Criminal record;
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Ability to travel.
A conviction may impact your:
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Reputation;
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Financial stability;
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Employment; and
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Future opportunities.
That is why it is important to take the charge seriously from the beginning.
Sober DUI Arrests in Tennessee
One of the most troubling issues in Tennessee DUI enforcement is the number of people arrested for DUI even though later testing showed no alcohol or drugs in their system.
Since 2017, thousands of Tennesseans have reportedly been arrested for DUI with no alcohol or drugs detected in their blood test results. These cases show why a DUI arrest should never be treated as automatic proof of guilt.
Police officers can make mistakes. Field sobriety tests can be misunderstood. Medical conditions can look like impairment. Anxiety, fatigue, injuries, medications, poor balance, or nervousness can all affect how a person appears during a traffic stop.
That is why every DUI case deserves a careful review.
At The Evans Law Firm, we look beyond the arrest report. We examine the stop, the officer’s observations, the field sobriety tests, chemical test results, body camera footage, dash camera footage, and every other detail that may affect the case.
What Is DUI in Tennessee?
In Tennessee, a person may be charged with DUI if they are accused of driving or being in physical control of a vehicle while under the influence of alcohol, drugs, or another intoxicant.
Many people think DUI only means drunk driving. That is not true.
A DUI charge can involve:
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Alcohol
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Marijuana
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Prescription medication
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Illegal drugs
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A combination of substances
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Alleged impairment even without a high BAC
The legal blood alcohol concentration limit for most drivers is 0.08%. However, a person can still be arrested even if their BAC is below the legal limit if an officer believes they are impaired.
For drivers under 21, commercial drivers, and cases involving accidents or injuries, different rules and consequences may apply.
Tennessee DUI Penalties
DUI penalties in Tennessee are serious. Even a first offense carries mandatory jail time if convicted.
First Offense DUI
A first DUI offense will result in:
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A minimum of 48 hours in jail
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Up to 11 months and 29 days in jail
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A fine between $350 and $1,500
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A one-year license revocation
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Alcohol and drug assessment
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Court costs and other fees
A first DUI will also affect your license. You will be eligible for a restricted license, but that may come with geographic restrictions and/or an ignition interlock device. However, you will be required to complete a 12 hour DUI School before the Tennessee Department of Safety will reinstate your regular driver’s license.
In addition, you will almost certainly be placed on probation. This probation may be supervised and require that you report to a probation officer.
If your BAC was 0.15% or higher, the mandatory minimum jail time increases to 7 consecutive days.
Even for a first offense, the impact can be significant. A DUI conviction can follow you long after the court case is over.
Second Offense DUI
A second DUI offense carries harsher penalties, including:
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A minimum of 45 days in jail
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Up to 11 months and 29 days in jail
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A fine between $600 and $3,500
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A two-year license revocation
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Possible restricted license with ignition interlock
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Alcohol or drug treatment requirements
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Higher court costs and fees
A second DUI can also make it much harder to negotiate a favorable result. Prosecutors and judges often treat repeat offenses more seriously.
Third Offense DUI
A third DUI offense may result in:
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A minimum of 120 days in jail
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Up to 11 months and 29 days in jail
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A fine between $1,100 and $10,000
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A six-year license revocation
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Possible restricted license with ignition interlock
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Treatment requirements
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Significant long-term consequences
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By the time someone is facing a third DUI, the risk of jail time, license loss, and financial damage becomes much greater.
Fourth or Subsequent DUI
A fourth or subsequent DUI may be charged as a felony.
Felony DUI can result in:
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A longer jail or prison sentence
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Higher fines
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Longer license revocation
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Loss of certain civil rights
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Employment consequences
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Housing difficulties
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A permanent felony record
A felony DUI is not just a traffic-related offense. It is a serious criminal charge that can affect nearly every part of a person’s life.
Factors That Can Increase DUI Penalties
Not every DUI case is treated the same. Certain facts can make the penalties more severe.
Aggravating factors may include:
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A BAC of 0.15% or higher
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Having a child in the vehicle
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Causing an accident
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Causing injury or death
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Refusing a chemical test
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Prior DUI convictions
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Driving on a revoked or suspended license
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Possession of drugs or weapons
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Open containers
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Reckless driving allegations
Because these details matter, it is important for an attorney to review the facts carefully instead of assuming the arrest report tells the whole story.
Ignition Interlock Devices
Many DUI cases in Tennessee involve ignition interlock issues.
An ignition interlock device is a breath-testing device installed in a vehicle. A driver has to blow into the device before the vehicle will start and may be required to pull over to blow into the device at random times while the vehicle is being used. If alcohol is detected, the vehicle may not start.
Ignition interlock requirements can affect your:
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Ability to drive
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Work schedule
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Family responsibilities
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Finances
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License reinstatement
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Daily routine
Violations or missed requirements can create additional problems. If you are ordered to use an ignition interlock device, it is important to understand the rules and follow them carefully.
Why You Need a DUI Defense Attorney
There are many ways a case can go wrong without proper guidance.
An experienced DUI attorney can help by:
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Reviewing whether the stop was legal
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Challenging weak or unreliable evidence
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Examining field sobriety testing
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Reviewing breath or blood test procedures
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Looking for officer mistakes
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Negotiating with prosecutors
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Preparing motions
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Helping protect your license
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Explaining each step of the process
At The Evans Law Firm, we understand that clients are often scared, frustrated, and unsure of what comes next. Our job is to guide you through the process and fight for the best result possible. Most clients walk out of their first meeting with us feeling better about their case and the path ahead.
Common DUI Defense Strategies
Every DUI case is different. The best defense depends on the facts.
However, common DUI defenses may include:
Illegal Traffic Stop
Police must have a legal reason to stop your vehicle. If the stop was not supported by reasonable suspicion or probable cause, evidence from the stop may be challenged.
Poor Field Sobriety Testing
Field sobriety tests are not perfect. Uneven pavement, bad weather, poor lighting, injuries, medical conditions, nervousness, or unclear instructions can affect performance.
Police often fail to instruct people properly. You can’t perform a test properly if you’re not told how to do it properly.
A prior injury or medical condition may cause you to fail the field sobriety test even though you were not intoxicated. The National Highway Traffic Safety Administration manual on field sobriety tests notes that certain physical conditions, including age, invalidate the tests.
Unreliable Breath or Blood Testing
Chemical tests must be handled properly. Breath machines must be maintained and calibrated. Blood samples must be collected, stored, and tested correctly. Vials that preserve blood must contain specific chemicals and be sealed properly to keep blood viable.
Problems with testing procedures can create serious issues for the prosecutor’s case.
Rising BAC
Not many people know that a person’s BAC may rise after they stop driving. In some cases, people have been arrested after they stopped driving and drank alcohol afterward. This means a later test may not accurately reflect the person’s BAC at the time they were actually behind the wheel.
Medical Conditions
Even if you appear intoxicated on camera, you may not be. Certain medical conditions can mimic signs of impairment. Fatigue, anxiety, diabetes, neurological conditions, injuries, and medication side effects may affect speech, balance, appearance, or behavior.
Officer Credibility Issues
Body camera footage, dash camera footage, reports, and testimony do not always match. Inconsistencies can matter.
Lack of Proof Beyond a Reasonable Doubt
The government has the burden of proving the case. A DUI charge should be tested carefully, not accepted automatically.
What Happens After a DUI Arrest in Knoxville?
After a DUI arrest, the process typically includes:
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Booking (providing fingerprints, a mug shot, and personal information to jail personnel)
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Bond or a release from jail with the condition that you report to a pretrial services officer
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Installation of an ignition interlock device
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An arraignment where you will be provided an attorney if you have not already hired one
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An attorney should do the following:
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Collect evidence (videos, police reports, accident reports, your version of events, witness statements, scene photos, etc.)
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Negotiate on your behalf
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Hold a preliminary hearing and cross-examine the officer if an agreement or dismissal cannot be reached
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File any necessary motions on your behalf
The process can move quickly, especially at the beginning. Missing a court date or ignoring license-related issues can make the situation worse.
That is why it is important to contact an attorney as soon as possible after the arrest.
DUI Defense in Knoxville and East Tennessee
The Evans Law Firm represents people charged with DUI in Knoxville and surrounding areas, including:
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Knox County
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Anderson County
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Blount County
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Sevier County
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Loudon County
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Jefferson County
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Roane County
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Other East Tennessee communities
Local experience matters. Different courts, prosecutors, and judges may handle DUI cases differently. Having an attorney familiar with the local process can help you understand what to expect and how to prepare.
Frequently Asked Questions
Should I plead guilty to DUI if I failed a breath test?
Not without speaking to an attorney first. Breath tests can be challenged depending on the machine, calibration, officer procedure, timing, and other factors.
Can I be charged with DUI if I was not drunk?
Yes. People can be arrested based on an officer’s belief that they are impaired. However, being arrested does not mean the government can prove the case.
Can a DUI be reduced?
In some cases, yes. Depending on the facts, a DUI may be reduced to a lesser charge through negotiation. Every case is different.
Will I lose my license?
A DUI conviction usually involves license consequences. However, you may be eligible for a restricted license depending on the circumstances.
Do I have to install an ignition interlock device?
Many DUI cases involve ignition interlock requirements, especially when a restricted license is requested or ordered. An attorney can explain whether it may apply in your case.
What if I refused a blood or breath test?
Refusal can result in a license suspension. Evidence of a refusal can also be held against you by a prosecutor during negotiations and used as evidence against you at trial.
What if this is my first offense?
A first offense still carries mandatory penalties, but there may be options depending on the facts. Early legal help is important.
What should I do after a DUI arrest?
Write down everything you remember, save any paperwork, do not miss court, and contact an attorney as soon as possible.
Contact The Evans Law Firm Today
A DUI charge can feel like your life is falling apart, but you do not have to face it alone.
At The Evans Law Firm, we help clients understand their options, protect their rights, and fight for the best possible outcome.
Whether you were arrested after a traffic stop, accident, field sobriety test, breath test, blood test, or alleged refusal, we are ready to help.
Call The Evans Law Firm today for a free consultation.
