DUI/DWI

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Without the ability to listen to my client’s needs, I believe I would just be spinning my wheels. It is our goal at Stapleton Law Office to always put our clients’ issues in perspective and find the law that best serves their interests.

Rogersville DUI/DWI Defense Lawyer

We Take Your DUI Defense Seriously

An arrest on suspicion of driving under the influence (DUI) requires a smart legal strategy. Unlike a minor traffic offense, even a first-time DUI conviction may lead to serious consequences such as a fine, driver’s license suspension and/or jail time. These consequences can stay on your record for life.

The good news is that a strong DUI defense is possible whether you are a first-time or repeat offender. At the Stapleton Law Office, our Rogersville DUI/DWI defense attorney Mark Stapleton has been fighting for the legal rights of those who have been accused of crimes such as driving under the influence.

We understand how the local prosecution will try to paint your situation and what to do to build you a strong claim that will hold up in court. The prosecutor has the burden of proving your guilt beyond a reasonable doubt, which in turn requires persuasive evidence. One of our most effective strategies at Stapleton Law Office is to file a motion to exclude improperly obtained evidence, resulting in the prosecutor’s inability to make the case against you.

To learn more about how we can defend you following a DUI charge, call (423) 418-8469 or contact our firm online to book your free, no obligation case evaluation today.

DUI Laws & Penalties in Tennessee

According to Tennessee Code 55-10-401, it is illegal for a person to operate a motor vehicle while they are under the influence of alcohol with a blood alcohol concentration (BAC) of .08% or higher.

Offenders are punished based on a few factors, one of which is whether this is a first or subsequent offense. However, additional factors that can affect your sentence include your BAC level, whether anyone was hurt or endangered, whether you refused or took a breathalyzer, and more.

DUI offenses, from least to most severe, in Tennessee are categorized as the following:

Implied consent/test refusal penalties: For refusing to take a breathalyzer or any kind of chemical test to determine sobriety, your license can be revoked from 1 to 5 years.
First offense DUI penalties: A first offense DUI conviction in Tennessee is considered a misdemeanor offense and carries penalties such as a maximum jail sentence of 11 months and 29 days, fines of up to $1,500, and/or DUI classes, license suspensions, and ignition interlock devices.
Second offense DUI penalties: Second offenses are also misdemeanors and may be punished by a maximum jail sentence of 11 months and 29 days, a fine of up to $3,500, and having their vehicle taken away entirely.
Third and subsequent offense DUI penalties: Third offenses are also misdemeanors, so the maximum jail sentence remains 11 months and 29 days. Additionally, you may have to pay fines up to $10,000—plus associated court costs. Other penalties mentioned above, such as vehicle forfeiture and DUI school, may also be required.

Reviewing Police Procedures

At every step in the arrest, the police are bound by certain procedures. We begin our analysis with a review of police procedure, starting with the initial stop. Police generally must have cause to support the initial stop, such as observing erratic driving.

Similarly, the police generally must observe signs of intoxication before escalating the initial stop into field sobriety or chemical blood alcohol testing. Our defense strategy is aimed at fighting to protect your legal rights.

Analyzing the Evidence

Even with forensic evidence such as blood alcohol test results, there may be defensive strategies. Did the police administer the Breathalyzer test properly? Did the lab administer the blood test properly in the chain of custody? If the answer to either question is no, we may argue that the evidence against you should be excluded.

Strategic Negotiations

As in our criminal defense practice, we will use our negotiation skills in your DUI defense. If you are a first-time offender, there may be alternatives such as a less serious offense or even dismissal of certain charges against you in exchange for community service or attending an alcohol program. We will pursue every avenue to ensure you receive the lightest possible sentence.

How Can a DUI/DWI Defense Lawyer Help Your Case?

Whether this is your first DUI in Tennessee or your third, the help of a defense attorney can be invaluable. Such attorneys have the knowledge and experience to identify key elements in the prosecution’s case that may weaken their argument. As many DUI laws are incredibly complex, a knowledgeable attorney can uncover any weaknesses or potential violations of your rights. A defense lawyer will also be able to explain the law in an understandable manner and provide you with options to best pursue your case.

Services that a DUI/DWI defense lawyer may offer include:

Reviewing the evidence and police procedure to check for any irregularities or violations of your rights.
Negotiating with prosecutors and courts to seek reduced charges or alternative sentencing options such as community service or alcohol programs.
Building an effective defense strategy tailored to the facts of the case by utilizing expert witnesses and other legal resources.
Explaining all potential plea bargains, court orders, and other outcomes of the criminal process so you can make informed decisions about your case.
Representing you at trial, if necessary, to protect your legal rights and ensure a favorable outcome for your case.

Contact An Experienced DUI Defense Attorney

Every DUI case is different. Depending on your history, the evidence against you and the police actions during your arrest, we will use every available defense to your advantage.

Not all of our criminal cases end in trial. We have worked for our clients on many occasions and had DUI cases, assault cases, sexual assault cases, and other types of drug cases dismissed prior to ever getting to trial.

Schedule your free initial consultation by calling Stapleton Law Office toll free at (423) 418-8469 to learn more about your legal options.

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A couple months ago my family was put in a situation in which we had to find an attorney immediately. With being over 9 hours away from Tennessee we didn't know where to turn but to google. After seeing the reviews for Mr. Stapleton we called his office right away. Mr. Stapleton contacted us shortly after. He was honest and upfront from the beginning. His professionalism, communication, and charisma was phenomenal! Whenever we had questions he was there to answer. He always kept us well informed and never mislead us. He has always been straight forward regarding the case. Today we walked out of court with the outcome we wanted. Definitely recommend Mr. Stapleton to anyone who needs an attorney. He is AWESOME!!!

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They did a great job defining me in my case. They were very professional and court-ready definitely will recommend to all. Great job both Mark and Gabe Stapleton!

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Mr. Stapleton was very professional and comforting during my trial. He was clear with what information I needed prior to my court date and walked me through the process thoroughly. His pricing was very reasonable, and I was satisfied with his service. He's honest and dependable.

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Mr. Stapleton ( and his staff ) were extremely helpful, friendly, and very tentative to our needs. You feel welcome as soon as you step through the front door.

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Excellent work by Stapleton Law Office !! The staff, Lisa And Ashlyn are professional and friendly , always prompt and courteous. Mr Stapleton is impressive with his expertise and knowledge of legal and medical matters ! Would highly recommend Stapleton Law Firm to anyone wishing to have the Best legal help available . My sincerest thanks to this superb team of legal professionals !! Job well done !

- Matthew S.
"Great Job!"
I didn’t know of many attorneys but after reading some great reviews , I gv him a call. I’ve had 5 mo’s to hire an attorney and after what my verdict may be and it didn’t sound good , I hired mr stapleton 1 day before I went to court on a DUI , two counts of sched IV , a sched 2 plus DRUG Paraphernalia . This man is one heck of an attorney. A darn good one.. when I walked out of court with a dui charge with options to get my license to drive “with a yr of SR22 insurance “ & that’s it ! I was never so thankful. He sure does a great / wonderful job . He’s Straight forward and will not for any reason lead u on.before going to court.

- Connie L.
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Mark was very informative with all my questions pertaining to my case. He was very efficient,and on top of getting everything taken care in a timely manner. I will definitely call Mark if I ever need his help with case again.

- Sheena G.

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