Frequently Asked Questions

By the U.S. and state constitutions, citizens are protected from unreasonable search and seizure. This means that police have to ask permission before they search your car, and you have the right to say no or to limit the parameters of the search (for example to say they may search the interior of your car but not the trunk). If you do consent to the search, then anything they find during that search can be used against you.

In Tennessee, marijuana is a Class VI drug and use or possession is illegal. Even though a marijuana “high” generally does not last more than a few hours, using marijuana leaves traces in the system for much longer. If a police officer requires you to submit to a blood test to check for drugs in your system and they find marijuana, you could face DUI charges even though you are not actually impaired at the time of the test.

Tennessee is an implied consent state, meaning that any driver who is suspected by a police officer of driving under the influence is required to take a breathalyzer to test their blood alcohol content (BAC). If you refuse the breathalyzer, your license will be revoked for at least one year.

If your BAC is over .08, you have exceeded the legal limit and will likely face charges for DUI. Penalties for conviction include suspension of your license. The length of that suspension depends on the specific facts of your case.

The web of municipal, state, and federal laws that govern activity in Tennessee is hugely complicated. Numerous factors can either mitigate or aggravate the case against you. Taking on the complexities of the legal system entirely on your own is not only potentially overwhelming, it is risky because you are less likely than a lawyer to know about the laws governing your case. Your lawyer is the intermediary that helps you understand the laws while helping courts understand your case. You have a better chance of a just ruling if you have a lawyer on your side

Police officers are required to read you your Miranda rights. First and foremost, you have the right to remain silent. This means that you have a right not to answer their questions and risk incriminating yourself. Be aware that anything you say to a police officer during or after your arrest is admissible against you in court. Furthermore, police officers are legally allowed to lie to you to obtain information from you.

You have a right to legal counsel. It is illegal for police officers to deny your request for a lawyer. Even if you do not have the money to hire a lawyer privately, you are entitled to the services of a public defender.

A felony is a more serious crime than a misdemeanor. The state of Tennessee recognizes three classes of misdemeanors and five classes of felonies. By state statute, the maximum penalty that can be attached to a misdemeanor (Class A) is a $2,500 fine and/or 11 months and 29 days in prison. A felony carries a minimum of 1 year in state prison for a Class E felony, but more serious felonies can carry much longer prison sentences—a Class A felony carries up to 60 years in prison.

Sometimes, the crimes can sound similar but have different designations based on circumstances. For example, a simple assault is a Class A misdemeanor but an aggravated assault is a Class C felony.