For tourists visiting Tennessee, a DUI charge can disrupt not only travel plans but also have lingering legal consequences that extend beyond state lines. Tennessee’s strict DUI laws apply to residents and non-residents alike, meaning a conviction could affect your driving privileges, fines, and potentially impact your record back home. For visitors facing these charges, understanding the legal process and how a local DUI attorney can help is essential.
The Law Office of Bryan Stephenson offers knowledgeable guidance for out-of-state visitors dealing with DUI charges. Bryan Stephenson’s background in Tennessee DUI law provides clients with clarity on how the charges may affect them, even once they return home. Client testimonials emphasize his commitment to effective and accessible defense.
Key Points to Consider if Charged with DUI as a Tourist
If you’re a tourist facing a DUI charge in Tennessee, here are some essential factors to keep in mind:
- Jurisdiction Issues: Even though the charge occurred in Tennessee, the penalties may affect your driving record and insurance rates in your home state due to the Interstate Driver’s License Compact.
- Court Appearances: Out-of-state drivers may need to attend court in Tennessee for certain DUI proceedings. A Nashville TN DUI Attorney can sometimes represent you in court, helping you avoid repeated travel back and forth.
- License Suspension: Tennessee may suspend your right to drive in the state if convicted. In many cases, this suspension can also extend to your home state, impacting your overall driving privileges.
- Legal Defense Options: Working with a Nashville DUI Lawyer provides access to defense strategies tailored to your case. Your lawyer can review evidence, such as BAC testing or the circumstances of the traffic stop, to identify potential grounds for dismissal or reduction of charges.
Protecting Your Travel Plans and Record After a DUI Charge
If you’re a tourist dealing with DUI charges in Tennessee, taking immediate action can help safeguard your travel plans and prevent complications when you return home. The Law Office of Bryan Stephenson has extensive experience in defending DUI cases for out-of-state visitors, offering strategies to protect your driving privileges and limit the impact on your record. Bryan Stephenson’s approach allows you to address the charges confidently, minimizing potential disruptions to your life and future travel. With effective legal support, you gain a knowledgeable partner focused on securing a favorable resolution for your situation. Contact us today to discuss your case and explore your options.
Many people assume that public intoxication charges require a breathalyzer or blood test, but that is not the case in Tennessee. Law enforcement officers have broad discretion to make arrests based solely on their observations, meaning individuals can face charges even without scientific proof of intoxication. These charges can have lasting consequences, making understanding your legal rights and defense options essential.
Can You Be Arrested Without a Test?
Yes, public intoxication charges do not require a chemical test. Tennessee Code Annotated § 39-17-310 states that a person can be charged if they are in a public place under the influence of alcohol or drugs and:
- Present a danger to themselves or others
- Cause a disturbance
- Pose a risk to property
Officers can rely on subjective observations alone because the law does not set a specific BAC requirement. This creates a risk of wrongful arrests, especially when there is no tangible evidence of intoxication.
How Law Enforcement Determines Intoxication
When no chemical test is used, officers assess impairment based on external factors such as slurred speech, unsteady movements, bloodshot eyes, or the smell of alcohol. They may also consider behavior, such as aggression or confusion, as indicators of intoxication. However, these signs are not always caused by alcohol or drug use. Fatigue, medical conditions, or even anxiety can produce similar symptoms.
At the Law Office of Bryan Stephenson, we have successfully defended clients against public intoxication charges by challenging these subjective assessments. Our Nashville domestic violence lawyer can present alternative explanations and dispute the officer’s observations, working to reduce or dismiss the charges.
The “DUI-Vehicle Owner” Charge in Tennessee
Public intoxication may be the least of your worries if you enter your vehicle while intoxicated. Many people are unaware that Tennessee law allows for “DUI-vehicle owner” charges, meaning you can be charged with a DUI even if you were not driving. If an individual is found intoxicated inside a vehicle and can operate it—such as being in the driver’s seat with the keys nearby—they may face DUI-related charges.
Law enforcement often relies on circumstantial evidence to justify these arrests, leaving room for an experienced attorney to challenge the charge by arguing that mere presence in a vehicle doesn’t indicate an intent to drive. Still, if you’re intoxicated in public, the best practice is to stay out of your car until you’re sober or have a designated driver.
Defending Against Public Intoxication Charges
Several legal strategies can be used to challenge a public intoxication charge. One common defense is lack of probable cause, as law enforcement must have a legitimate reason for making an arrest. The charges may not hold up in court if there is no clear evidence of intoxication.
Another defense involves alternative explanations for behavior that may have been mistaken for intoxication. Medical conditions, prescription medications, or even stress can cause symptoms similar to impairment.
Additionally, if law enforcement violated procedures or lacked justification, the arrest may be considered unlawful, leading to a possible dismissal of charges. A Nashville DUI lawyer can assess the circumstances of your case and determine the best approach to protect your rights. Visit our criminal defense practice area to learn more about available defense strategies.
Consequences of a Public Intoxication Conviction
A conviction for public intoxication in Tennessee is classified as a Class C misdemeanor, which may seem minor but can have lasting consequences. Individuals found guilty can face a fine of up to $50 and a jail sentence of up to 30 days. However, the most significant impact is often a criminal record, which can affect employment opportunities, housing applications, and professional licensing. Many employers and landlords conduct background checks; even a misdemeanor conviction can create obstacles. With the proper legal defense, a DUI lawyer in Nashville, TN, can work to reduce or dismiss the charges, helping to prevent the long-term consequences of a criminal record.
Steps to Take if You Are Stopped for Public Intoxication
If law enforcement approaches you under suspicion of public intoxication, taking the proper steps can protect your rights:
- Remain calm – Arguing with an officer can escalate the situation.
- Do not admit to drinking – Anything you say can be used against you in court.
- Ask if you are free to leave – If the officer does not have probable cause, you do not have to stay.
- Request legal representation – A Tennessee domestic violence lawyer can review your case and protect your rights.
Legal Representation for Public Intoxication and DUI Cases
Public intoxication and DUI charges should not be taken lightly. The Law Office of Bryan Stephenson has successfully defended clients throughout Nashville and Middle Tennessee, helping them avoid the lasting consequences of a conviction. Our past case successes are documented on our results page.
Do not let a criminal charge define your future. Contact us today for a consultation.
Facing criminal charges can be overwhelming, and the potential consequences extend beyond fines and jail time. A conviction can impact employment opportunities, housing applications, and personal relationships.
Tennessee enforces strict penalties for various offenses, including DUI, drug possession, and domestic violence, making legal representation crucial for protecting your rights. Many people are unaware of how broad some laws can be, including public intoxication. Without a strong defense, individuals risk severe legal repercussions that could have been avoided or reduced with proper legal guidance.
At the Law Office of Bryan Stephenson, we leverage decades of experience to help our clients fight criminal charges. Bryan Stephenson has over twenty years of experience as a criminal attorney, including over three years as a criminal prosecutor. Thanks to his breadth of experience on both sides of criminal cases, Bryan is uniquely positioned to help our clients to reduce or dismiss charges and fight for fair sentencing.
Understanding Criminal Charges in Tennessee
Tennessee’s criminal justice system can be complex, and every case has unique challenges. Criminal charges range from misdemeanors to felonies and can include DUI, drug offenses, domestic assault, theft, and more. A conviction can lead to jail time, fines, probation, and long-term consequences.
One charge that surprises many individuals is DUI-vehicle owner in Tennessee. This offense applies when a vehicle owner allows someone under the influence to operate their car, potentially leading to penalties similar to those of a standard DUI. If you are facing this or any other charge, our firm is here to provide strong legal defense.
Why You Should Never Face Criminal Charges Alone
Some prosecutors in Tennessee aggressively pursue criminal convictions, occasionally seeking the maximum penalties the law allows. Without legal representation, defendants may:
- Accept plea deals that are not in their best interest
- Face higher fines and longer jail sentences
- Miss opportunities to challenge weak or unlawful evidence
- Overlook crucial defense strategies
We tirelessly protect our clients’ rights and build a strong defense. Our firm has successfully defended individuals against serious charges and helped them achieve the best possible outcomes in their cases.
Legal Strategies for Defending Your Case
Our firm provides legal support at every stage, from investigation to trial. We:
- Examine every detail of the arrest and gather supporting evidence
- Challenge any violations of legal rights or improper police procedures
- Negotiate with prosecutors to reduce charges or secure alternative sentencing
- Provide aggressive courtroom representation when necessary
If you are facing DUI charges, working with a DUI lawyer in Nashville, TN, is critical. DUI convictions can lead to license suspension, increased insurance costs, and mandatory jail time. We analyze every aspect of a DUI arrest, including field sobriety tests and breathalyzer accuracy, to identify weaknesses in the case. Learn more about how we handle DUI defense cases and what legal options may be available.
Tennessee’s Strict Domestic Violence Laws
Tennessee law takes domestic violence accusations seriously. Under TN domestic violence laws, an arrest can happen based on little more than an allegation. Once charges are filed, prosecutors often proceed with the case even if the alleged victim does not wish to pursue charges.
Because of the severity of domestic violence laws in Tennessee, a conviction can result in jail time, firearm restrictions, and a permanent criminal record. Our firm carefully examines the evidence, identifies inconsistencies, and works to protect our clients’ rights throughout the legal process.
DUI Defense in Tennessee
DUI charges come with severe penalties, even for first-time offenders. A conviction can lead to fines, mandatory alcohol education programs, and a permanent record. Our Nashville, TN, DUI attorney understands Tennessee’s strict DUI laws and knows how to challenge traffic stops, field sobriety tests, and breathalyzer results to fight for reduced charges or case dismissal.
In Tennessee, a DUI stays on your record permanently, affecting future employment and other opportunities. A Nashville drunk-driving lawyer can explore possible defenses, such as improper police procedures or inaccurate BAC readings, to help minimize penalties.
The Advantages of Hiring an Experienced Defense Attorney
A criminal conviction can have life-changing consequences. A Nashville DUI lawyer ensures that your rights are protected, evidence is challenged, and the best legal strategy is pursued.
Our firm has a long history of securing favorable client results, from dismissed charges to reduced sentencing. Leveraging over 20 years of experience, Bryan Stephenson has successfully defended clients facing DUI, drug offenses, disorderly conduct, public intoxication, and other serious charges. Our firm is committed to fighting for the best outcome for every client, no matter the case’s complexity.
Committed to Strong and Effective Legal Advocacy
If you face criminal charges in Nashville, Davidson County, or Williamson County, the Law Office of Bryan Stephenson is here to help. A strong defense can make all the difference in protecting your rights and securing the best possible outcome. Contact us today to discuss your case and learn how we can help.
Most people assume that only the driver can be charged with DUI, but Tennessee law also allows for certain charges against passengers. One of the most overlooked offenses is DUI-vehicle owner, which holds a vehicle owner responsible for allowing an impaired person to drive their car. This charge is more common than many realize and carries severe legal consequences. The Law Office of Bryan Stephenson provides skilled defense for individuals facing DUI-related charges throughout Nashville and Middle Tennessee.
Can a Passenger Be Charged with DUI?
Passengers cannot be charged with DUI traditionally since they are not operating the vehicle. However, Tennessee law allows for other charges in DUI-related cases, including:
- DUI-Vehicle Owner – Many people do not realize they can be charged simply for allowing an intoxicated person to drive their car. This is sometimes referred to as DUI by allowance or DUI by consent.
- Public Intoxication – A passenger who is visibly impaired and causing a disturbance may be arrested for public intoxication.
- Open Container Violation – In some states, it’s illegal to possess an open alcohol container in the car. In Tennessee, a passenger may legally possess an open container of alcohol so long as the driver isn’t participating and everyone in the car is at least 21 years old.
- Obstruction or Disorderly Conduct – Interfering with a DUI investigation can result in additional criminal charges.
What Is a DUI-Vehicle Owner Charge?
Most people are unaware that DUI vehicle ownership is a common charge in Tennessee. State law allows prosecutors to charge vehicle owners if they knowingly allow an impaired driver to operate their car. This charge does not require the owner to be intoxicated—only that they permitted someone under the influence to drive.
Allowing an intoxicated driver to take control of a vehicle can also lead to reckless endangerment charges. If a DUI-related crash results in injuries, the penalties can be even more severe. More information on related offenses and legal defense strategies is available in our criminal defense practice area.
Can a Passenger Be Charged with DUI for Grabbing the Wheel?
In some cases, an intoxicated passenger can face DUI charges if they take control of the vehicle. Tennessee law defines DUI as operating a vehicle while under the influence, and operation includes steering or controlling any part of the vehicle’s movement. Note that “physical control” also includes being in a parked car, so you can be cited even if the vehicle isn’t driving.
If an intoxicated passenger suddenly grabs the wheel and causes erratic driving or an accident, they could face DUI-related charges in addition to reckless driving or endangerment. Many individuals are caught off guard by this legal risk, assuming that passengers cannot be held accountable for a DUI offense.
Legal Consequences of Allowing an Impaired Driver to Operate a Vehicle
A vehicle owner who permits an intoxicated person to drive may face severe legal penalties, including:
- Criminal Charges – Many people are unaware that Tennessee law allows for prosecution under the DUI-vehicle owner statute. Convictions can lead to fines, probation, and even jail time.
- License Suspension – A vehicle owner may lose their driving privileges if found responsible for enabling a DUI offense.
- Civil Liability – If an impaired driver causes an accident, the vehicle owner could be liable for damages.
Passengers facing these charges should seek legal representation immediately.
Defenses for DUI-Related Charges Against Passengers
Many individuals charged under DUI-vehicle owners do not realize they need legal defense until it is too late. Common defenses include:
- Lack of Control — The passenger does not own the vehicle or have any say in who is driving.
- No Knowledge of Impairment – The vehicle owner did not know the driver was intoxicated.
- Duress — You are forced or coerced into allowing an impaired driver to operate your vehicle.
- Unlawful Arrest – The charges could be challenged in court if law enforcement failed to follow proper procedures.
At the Law Office of Bryan Stephenson, we regularly defend clients charged with DUI vehicle owners and other DUI-related offenses. Many individuals are unaware of this charge until they face prosecution, making legal guidance essential.
Why Legal Representation Is Crucial in DUI Cases
A DUI vehicle owner charge or any other DUI-related offense can lead to serious legal and financial consequences. Many individuals are unaware they can be held responsible even if they are not driving, which makes it critical to have an attorney who understands Tennessee law and how to challenge these charges effectively. It’s also important to note that you need a different attorney than the driver, as your legal strategy and defense may be at odds with the driver’s best interests.
A Nashville, TN, DUI lawyer can analyze the details of your case and identify the best legal options available. With the right defense strategy, charges may be reduced or even dismissed. Legal guidance is key to protecting your record, driving privileges, and future. Learn more about your rights and possible defenses by visiting our DUI defense practice area.
Get the Right Defense for Your DUI Case
The Law Office of Bryan Stephenson defends individuals facing DUI-related charges, including DUI vehicle owners, public intoxication, and open container violations. Many people assume they cannot be legally responsible as passengers, but Tennessee law allows for prosecution in specific situations. If you have been charged, seeking legal representation as soon as possible is critical.
A DUI lawyer in Nashville, TN, can assess your case and provide the necessary defense. Our firm has successfully defended clients across Middle Tennessee. Contact us today to discuss your case and take steps to protect your rights.
DUI charges involving injury or death are among the most serious DUI offenses in Tennessee, often leading to escalated charges like vehicular assault or vehicular homicide. These charges carry substantial penalties, including long prison sentences, steep fines, and a lasting criminal record. Working with a skilled attorney can make a significant difference in understanding your options and developing a defense to protect your future.
The Law Office of Bryan Stephenson provides dedicated legal support for these serious charges, examining each case carefully to identify any possible defenses or procedural issues that may impact the outcome. Client testimonials highlight Bryan’s dedication to his clients and his thorough approach in complex DUI cases.
The Importance of Acting Quickly in DUI Injury or Death Cases
In DUI cases involving injuries or fatalities, timing can greatly impact the outcome. By starting an investigation early, crucial evidence—like witness statements, surveillance footage, and accident reconstruction reports—can be preserved before it’s lost or unreliable. Swift action allows your attorney to build a solid defense while details remain fresh. Moving quickly can strengthen your case, potentially improving options for plea negotiations or trial outcomes.
Evaluating Evidence and Testing Procedures
In DUI injury or fatality cases, examining the evidence, including breath or blood test results and accident scene analysis, is essential. A Nashville DUI Lawyer can review these elements closely to identify any inconsistencies or errors. Evidence of mishandling, unreliable test results, or questionable witness accounts could be critical in building a strong defense. A detailed review by a Nashville TN DUI Attorney can reveal significant factors that affect the case.
Addressing Emotional and Financial Impact
Facing a DUI charge involving injury or death brings not only legal consequences but also emotional and financial burdens. Defendants may experience stress, worry about public perception, and financial strain from court costs and potential restitution. Working with an attorney who understands these challenges provides clients with support, offering guidance to help manage both the legal and personal aspects of the case. This holistic approach aids in addressing the full impact of the charges.
Moving Forward with Strategic Legal Defense
If you’re facing serious DUI charges involving injury or death, contact the Law Office of Bryan Stephenson to discuss your defense options. Bryan Stephenson’s experience and dedication offer a reliable partner who will carefully address the unique details of your case, guiding you toward the best possible resolution.
Dealing with a misdemeanor assault in Tennessee can be a distressing experience, but understanding your legal options and rights is crucial. For those seeking to clear their record, expungement in Tennessee may be a viable path, depending on several factors.
Here, explore the nuances of misdemeanor assault charges in Tennessee, the possibility of expungement, and the importance of working with a proficient Nashville criminal defense lawyer.
Expungement of Misdemeanor Assault Charges
Misdemeanor assault in Tennessee typically involves the intentional or knowing causing of bodily injury to another, the causing of reasonable fear of bodily injury, or physical contact that a reasonable person would regard as extremely offensive or provocative.
This charge is considered a Class A misdemeanor, which is the most serious misdemeanor level and can result in penalties including jail time, fines, and a criminal record that can significantly impact one’s life.
Expungement laws in Tennessee have evolved, providing avenues for clearing certain misdemeanor charges under specific conditions. To be eligible for expungement of a misdemeanor assault charge, one of the following must apply: the charge must have been dismissed, ended in a not guilty verdict, or resulted in a nolle prosequi.
Each case is unique, however, and the specifics of how the TN domestic violence law applies can vary widely depending on the facts of the case and the individual’s criminal history.
Seeking a Nashville Criminal Defense Lawyer
Given the intricacies of domestic violence laws and the serious nature of assault charges in Tennessee, it’s strongly recommended to consult with a criminal defense lawyer experienced in these matters. They can assess your case, advise you on the best course of action, and guide you through the expungement process if applicable.
Bryan, with extensive experience in domestic assault cases in Tennessee, understands the impact an assault charge can have on your life. He’s dedicated to providing robust legal defense and helping you navigate the legal system to seek the most favorable outcome possible.
If you or someone you know is facing a misdemeanor assault charge in Tennessee, contact us today for a free consultation.