IN DUI & DWI DEFENSE LAW,

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DUI - DWI Defense Lawyer in Knoxville, TN

Knox County DUI Attorney

Knoxville Drunk Driving Defense Attorney 

If you were arrested or a family member was charged with driving under the influence (DUI), there may be serious consequences without the help of an effective and experienced DUI defense attorney. Jail time or the loss of a job or a driver’s license could be a real possibility.

Protecting Your Rights After An Arrest

At the Law Office of Allen E. Schwartz, we can step in immediately to give you a fighting chance to minimize the consequences of a DUI arrest. Together, we will get down to the facts of your case and pursue a straightforward and aggressive defense strategy, including taking immediate steps to:

  • Challenge an illegal stop — Our rule of thumb is that if we can prove that the police pulled you over without proper cause, the case is almost always over at that point. Result: charges dropped.

  • Challenge Breathalyzer and blood test results — Breathalyzers and other methods of measuring blood alcohol content are notoriously unreliable and can be challenged. If there is no proof that you exceeded the legal limit for blood alcohol, there is often no case. Result: charges dropped or reduced.

  • Challenge the video — At a stop, the police officer says you did badly on a field sobriety test, but the arrest or jail intake video shows otherwise. Result: case dismissed.

Attorney Allen E. Schwartz offers more than 40 years of experience as a Knoxville DUI attorney defending first-time and repeat offenders. Whether you are facing a misdemeanor DUI/DWI or felony DUI charges, our firm will act quickly to develop an aggressive defense strategy. We know the right steps to take in pursuing a favorable resolution and mitigating any potential damages.

Additionally, as your defense lawyer, Mr. Schwartz offers helpful guidance to questions you may have, including:

Will I Lose My Driver's License?

If you were pulled over on suspicion of drunk driving, it is possible you could lose your driver’s license. However, it is just a possibility and not a guarantee. The sooner you enlist the help of a skilled criminal defense attorney, the better the chance of maintaining your driving privileges.

At the Law Office of Allen E. Schwartz, we offer more than 40 years of experience in DWI  /DUI defense. Our firm defends clients throughout the Knoxville metropolitan area who wonder, “Will I lose my license?” If you were stopped on suspicion of drunk driving, arrested on suspicion of drunk driving or charged with drunk driving, talk to us today.

If you have been charged with DUI in Tennessee, you have 10 days to request an administrative hearing with the Tennessee Department of Safety. I can advocate on your behalf in an administrative hearing for you to obtain limited driving privileges with a hardship license.

A DUI or DWI Conviction Can Result In A Suspended Driver's License

It is possible to face driver’s license suspension as a first-time offender. I represent first-time offenders as well as repeat offenders.

  • First DUI conviction: One-year driver’s license revocation

  • Second DUI conviction: Two-year driver’s license revocation

  • Third DUI conviction: Three- to 10-year driver’s license revocation

  • Fourth DUI conviction: Three- to 10-year driver’s license revocation

If you were arrested on suspicion of drunk driving or charged with drunk driving, contact our law office as soon as possible to discuss an effective DUI / DWI defense strategy. Your initial consultation is free and confidential. 

Stopped For Suspected DUI / DWI? Here’s What To Do.

Being pulled over on suspicion of drunk driving can be a nerve-wracking experience. While the following tips on what to do if you are stopped cannot be taken as legal advice, they are factors to keep in mind if you have been pulled over.

The most advisable action to take is to contact a DUI / DWI attorney as soon as possible. At the Law Office of Allen E. Schwartz, we offer more than 40 years of experience to people throughout the Knoxville metropolitan area. If you were stopped on suspicion of drunk driving, you need an attorney who can begin building a strong defense on your behalf.

Why Was I Stopped?

Under Tennessee law, a police officer who stops a motorist must have observed the driver committing a traffic offense or driving in a manner that causes him or her to suspect the driver is drunk. For example, based on your driving pattern, you may have been stopped because you were:

  • Speeding

  • Not wearing a seat belt

  • Did not stop at a stop sign

  • Ran a red light

  • Did not signal a lane change

  • Weaving, swerving or drifting in your lane or between lanes

  • About to hit something or someone

So What Should You Do If You Are Stopped?

  • First, be polite. Speak and act respectfully toward the police officer

  • Second, remember that you do not have to submit to field sobriety tests. You can politely refuse. You should know, however, that refusing to take a test can possibly establish probable cause that you were impaired

  • Third, remember that you have the right to refuse a Breathalyzer test. There are consequences for doing so, but you do have the right to politely refuse

How Are Multiple DUI Offenses Handled?

If you are charged with a second, third or fourth DUI/DWI, secure experienced legal help immediately. The penalties increase substantially with every drunk driving conviction, but your legal rights remain the same.

At the Law Office of Allen E. Schwartz, we offer more than 40 years of experience defending individuals suspected of first time and repeat drunk driving offenses throughout the Knoxville metropolitan area. Attorney Allen E. Schwartz is a skilled DUI defense lawyer prepared to develop an aggressive defense strategy focused on mitigating any potential penalties. When the stakes are high, entrust our legal skills to help secure your civil rights.

After A First Offense

Mr. Schwartz acts as both a legal advocate and counselor. During a free initial consultation, he will keep you informed of your legal rights and potential penalties associated with multiple DUI convictions, such as:

  • Second offense DUI: If you are convicted of a DUI within 10 years of a first drunk driving conviction, you will be charged with a second offense punishable by 45 days to one year in jail. You will also be required to pay a fine between $600 and $3,500 and participate in an alcohol treatment program. You could be required to install an ignition interlock device on your car, once you regain your driving privileges.

  • Third offense DUI: A conviction for a third offense is punishable with mandatory fines between $1,100 and $10,000 and jail time ranging from 120 days to one year. Your license could be revoked for three to 10 years with the possibility of a vehicle seizure or the requirement to install an ignition interlock device on your car, once you regain your driving privileges.

  • Fourth offense DUI: If you are convicted of a fourth DUI, you will be considered a habitual DUI offender. You would likely face one year in jail and mandatory fines ranging from $3,000 to $15,000. Your license could also be revoked for between three and 10 years with no opportunity for a restricted license. Once you regain your driving privileges, you could be required to install an ignition interlock device on your vehicle.

Our firm will develop an aggressive defense strategy through conducting a thorough investigation into the allegations against you. If law enforcement made any procedural errors or violated your civil rights, we will fight for a dismissal or reduced charges.

Blood Alcohol Content (BAC)/Breathalyzer Issues

A person is asked to blow into a Breathalyzer machine for the purpose of measuring his or her blood alcohol content (BAC). Typically, two situations can happen that will require the defense services of a Knoxville blood alcohol content lawyer: An individual took the Breathalyzer test and blew at or above .08, or the person refused to blow into the breath test machine.

At the Law Office of Allen E. Schwartz, we offer more than 40 years of experience defending individuals suspected of drunk driving. We represent clients throughout the Knoxville metropolitan area. As an experienced lawyer handling DUI / DWI matters, attorney Allen E. Schwartz is knowledgeable about the defenses available to you. If you blew over .08 or if you refused to blow, you need an attorney who understands the implications of your situation.

Understanding Blood Alcohol Content

Blood alcohol content, sometimes called blood alcohol concentration, is a measure of the percentage of alcohol in a person’s blood. In Tennessee, if your BAC measures .08 or above, you are above the legal limit to be driving a vehicle. However, we have extensive knowledge of the ways breath test results can be inaccurate.

For example, if a person was exposed to paint or gasoline fumes prior to blowing into the breath test machine, this can affect the test results. Or a physical condition — diabetes, for example — could produce inaccurate results. In addition to understanding any physical or medical conditions that may have impacted the result, we explore the administration of the test.

 

Our firm considers:

  • Was the Breathalyzer machine working properly?

  • Was the Breathalyzer machine calibrated properly?

  • Was the administering police officer properly trained?

  • Was the test administered properly?

  • Was the test administered within two hours of the initial arrest?

We know that Breathalyzers are notoriously unreliable and can be challenged. If there is no proof that you exceeded the legal limit, there is often no case. As a result, the charges against you can be reduced or dropped altogether.

Contact A DUI DWI Defense Attorney For Help

 

We will fight hard to protect your rights and ensure the best possible outcome given the circumstances of your case. Contact our law office today to discuss an effective criminal defense strategy in your case. Your initial consultation is free and absolutely confidential.