What is the first thing to do after being charged with DUI?
You need to contact a experienced Tennessee DUI lawyer or Tennessee criminal defense
attorney as soon as possible. The laws surrounding DUI are very technical and complex
and involve several different scenarios and possible penalties if certain information
necessary to effective DUI defense is not collected or preserved.
The first important deadline is hiring a Tennessee DUI lawyer or DUI attorney in
advance of your arraignment. The sooner you get our law firm involved in your case,
the better your chances of obtaining the best possible outcome in your DUI, Reckless
Endangerment, Vehicular Assault, Vehicular Homicide, or other drinking while driving
There may also need to be medical records, accident reports, cell phone records,
or prescription medication records that need to be obtained. The sooner the facts
are evaluated by a DUI lawyer or DUI attorney, the better your chances of a favorable
What part of your practice is devoted to defending Tennessee DUI cases?
Over half of all of my cases are DUI cases. Tennessee DUI laws and techniques in
defending DUI are constantly changing. What worked yesterday may not be the best
Why should you hire a experienced Tennessee DUI Defense Lawyer?
Hiring a committed Tennessee DUI (driving under the influence) lawyer is the first
step toward putting your mind at rest and ensuring that you have the best chance
at reducing the negative impact that a DUI or driving under the influence related
charge can have on your life and your future.
At the Garza Law Firm, PLLC, we take the approach that each and every DUI (driving
under the influence) case can be won!
The best results are achieved when our firm and experts have an opportunity to get
involved early and quickly in the legal process. Do not delay, call Tennessee DUI
Lawyer Marcos Garza today.
It is important to find a Tennessee DUI lawyer who stays on top of the current Tennessee
DUI laws, trends, and what occurs in Courts everyday. Also, I concentrate my Continuing
Legal Education on DUI specific seminars, in additional to general criminal law issues.
If I am pulled over and I am asked by an officer, “Have you been drinking?” What
should I say?
One approach is to answer, “I would like to speak to my attorney.” No matter what
DUI attorney you hire, this is often the best answer.
If you say, “No” and the officer smells alcohol on your breath you have proven yourself
to be a liar and your lie will be used against you.
If you say, “Yes” you have given the officer one more clue and have already started
making damaging admissions. Don’t worry if the officer threatens to put you in jail.
The officer has often already made the decision to arrest you and take you to jail
How do I avoid being arrested for DUI?
Some people feel the wisest decision is not to give a breath or blood sample. The
officer will most likely tell you that you will be arrested if you don't take the
breathalyzer or blood test, and that your license will be suspended.
What they don't tell you is that if you blow or have a blood alcohol level of .08
(the legal limit) or greater, you will be arrested and your license will be suspended
Do I automatically lose my license when I get arrested for DUI?
No. If you have been arrested for DUI act quickly and contact a qualified DUI lawyer
as soon as possible!
If my license is suspended for a DUI, can I get a license to drive to work?
In almost every case, yes. Depending on your criminal and driving record, we can
almost always get you a Restricted Driver’s Licensethat will allow you to drive to
and from work. It will also allow you to drive between locations, if your job requires
you to travel as part of your duties.
What are the major areas of concern in a DUI case?
1. Whether the stop was constitutional,
2. Whether the administration of roadside tests was constitutional,
3. Whether there was Probable Cause for the arrest,
4. How Miranda warnings will play a role in the case with statements and other evidence,
5. How the Field Sobriety Tests or other roadside tests were administered,
6. The administration, chain of custody and preservation of any Breath or Blood Samples
7. The constitutionality of the search and seizure under the Tennessee and United
Are you knowledgeable of the proper administration of Standardized Field Sobriety
Yes. This allows me to better evaluate how you did on the tests, and more importantly,
evaluate how the police officer administered them. This is important because most
DUI prosecutions involve, if not focus on results of "field sobriety tests," some
of which have been the subject of scientific studies conducted by the NHTSA.
Are you familiar with the breath test machine, used in Tennessee?
Yes. A failed breath or blood test in no way means you are guilty, as any knowledgeable
Tennessee DUI defense attorney will tell you. I understand how the breath test machine
works, what can cause you to submit an erroneously high reading, the philosophy behind
breath testing, and how alcohol is absorbed and eliminated from the body.
I also utilize, under the right DUI circumstances, experts in the field of Toxicology
who are often instrumental in explaining to a jury through scientific evidence that
a breath test may be erroneous.
What do police officers look for when they are looking for drunk drivers?
According to the DUI Detection training manual published by the National Highway
Traffic Safety Administration in 2004, officers look for anything which may draw
their attention to the vehicle (especially at night time) such as,
• A moving traffic violation:
• Weaving across a lane
• Abruptly swerving
• Turning with too wide a radius
• Almost striking an object or other vehicle
• Stopping incorrectly
• Rapid acceleration or deceleration
• Driving on the wrong side of the road
• Slow response to traffic signals
• Slow or failure to respond to officer’s signals
• Stopping in a lane for no apparent reason
• No headlights
• Driving in an area other than a marked traffic lane
• Throwing objects out of the car or other inappropriate behavior such as leaning
out of the window or yelling out of the window.
• An equipment violation (inlcluding but not limited to a burned out tail light or
burned out license plate light).
• An expired registration or inspection sticker.
• Any unusual driving actions, such as weaving within a lane or moving at slower
than normal speed.
• After the stop, evidence of drinking or drugs in the vehicle itself.
How long will it take to resolve my case?
If you hire a competent attorney, expect your case to last anywhere from a few months
to a year. If the case is set for trial, then it will usually take longer for your
case to be resolved. The circumstances surrounding the case will also dictate how
long the case takes to be resolved.
What does probation generally entail?
• Report at least once per month to a probation officer
• Do not commit any further offenses
• Pay a monthly probation fee
• Perform community service
• DUI School
• DUI Victim Impact Panel (victims of DUI tell you how DUI has destroyed their and
their family’s lives)
• No drinking
• No drug use
• Pay all fines and costs
• Random drug testing
• Installation of an interlock device on your car (requires you take a breath test
before the car will start)