The Garza Law Firm, PLLC defends Tennessee Driving Under the Influence and Tennessee Boating Under the Influence charges, as well as other Personal Injury and Criminal Defense cases, across the State of Tennessee. The Garza Law Firm serves the following cities and counties, including but not limited to: • Alcoa • Anderson County • Athens • Blount County • Bradley County • Campbell County • Chattanooga • Claiborne County • Cleveland • Clinton • Cocke County • Cookeville • Crossville • Cumberland County • Dandridge • Englewood • Etowah • Gatlinburg • Grainger County • Greene County • Greeneville • Hamblen County • Hamilton County • Hancock County • Harriman • Hawkins County • Jefferson City • Jefferson County • Johnson City • Knoxville • Knox County • Lenoir City • Loudon County • Madisonville • Marion County • Maryville • Maynardville • McMinn County • Meigs County • Monroe County• Morgan County • Morristown • New Market • Newport • New Tazewell • Oak Ridge • Oliver Springs • Overton County • Pigeon Forge • Polk County • Putnam County • Rhea County • Roane County • Rutledge • Scott County • Sequatchie County • Sevier County • Sevierville • Sullivan County • Sweetwater • Tazewell • Tellico Plains • Unicoi County • Union County • Vonore • Wartburg • Washington County

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Tennessee DUI Defense Lawyer

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DUI Defense Lawyer in Tennessee

Tennessee DUI Timeline

Court Process

Arrest:

In order to be a lawful arrest, the police officer must have probable cause to believe that a crime is about to be, or has been committed.

Arraignment:

Once the defendant has made bond, their first court appearance will usually be scheduled two to six week from the date of arrest. The purpose of the arraignment is to advise you of the nature of the charges, your rights, and the possible penalties you face. If you have an attorney, he will have already advised you of the penalties and have developed a strategy for protecting your rights so you don’t need to hear it again in a mass court gathering.

Be advised that in many counties, this date serves as the defendant’s first chance to plea their case. Always be prepared to proceed with your case. It is wise to consult with an experienced DUI attorney well in advance of this scheduled court date in order to develop a defense strategy. For the cases that cannot be resolved on the first appearance, the Court will set a trial date in General Sessions Court.

General Sessions Court

This court has jurisdiction over most DUI cases. However, they cannot resolve felony DUI cases unless the felony is reduced to a misdemeanor. Cases are resolved in this Court by either a Preliminary hearing, Trial without a Jury, or Plea Agreement.

A preliminary hearing requires the State to demonstrate that there is probable cause to believe that the defendant committed the offense for which he or she is charged. Probable Cause means “probably guilty” or “more likely that not.” If probable cause is found, the charge will then be presented to the Grand Jury. A preliminary hearing is an excellent tool to discover the strengths and weaknesses of the state’s case. It is the best means to set a case up for a jury trial.

In some cases, the district attorney and judge may agree to allow your to have a trial without a jury at this level. Your attorney can discuss the pros and cons of this as an option and whether or not this is available in the court in which your case is set.

Grand Jury

Comprised of 13 people who meet in secret to determine if probable cause exists. They hear evidence only from the prosecutor’s witnesses, not the defendant or his or her lawyer. Due to the one side nature of the Grand Jury, most DUI cases are indicted with a true bill.

Trial Court

In Criminal Court, a defendant is presumed innocent and has the right to require the State to prove guilt beyond a reasonable doubt before 12 people from the community.

All defendants have the right to confront their accuser, compel the appearance of witnesses, and to remain silent if they choose not to testify. Prior to trial, defense counsel will have the opportunity to file motions requesting that the Court take certain action such as exclude evidence or require the state to disclose information. Should a person be convicted at trial, they have a right to appeal the conviction, the sentence or both.