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Protect Your Future After Drunk Driving Charges

I am attorney Patrick T. McNally, founding partner at Weatherly, McNally & Dixon, P.L.C., and I have more than 35 years of experience helping individuals fight criminal charges on both state and federal levels. I have experience in effectively fighting drunk driving charges of all kinds, and I am prepared to help you fight against a conviction and preserve your driving privileges.

Me and my team at McNally Law believe in detail-oriented and aggressive criminal defense representation for every client we represent. Our team fully understands that a DUI conviction can have serious consequences on your personal and professional life, including costly fines, loss of driving privileges, and potentially even loss of professional licenses. We strive to provide the most comprehensive defense representation in every case we represent, helping our clients overcome the charges they face and guiding them through their legal proceedings with confidence.

What Is a DUI?

Driving under the influence, or DUI, is the legal term for drunk driving. In every state in the US, it is illegal for any driver to operate a vehicle under the influence of alcohol. However, alcohol affects every individual differently, and every individual has a unique body composition. The way the police determine whether a driver is under the influence of alcohol is by measuring their blood-alcohol concentration (BAC).

This metric measures the amount of alcohol in the person’s system relative to their overall physical composition. For example, a single drink can result in two very different BAC readings for two people with very different physical characteristics. Additionally, a single drink may make one person feel quite intoxicated very quickly while another person feels little to no effect.

It is vital to remember that although you may have a keen awareness of your personal alcohol tolerance, it is never worth risking getting behind the wheel after drinking. Even if you do not feel impaired in any way, if the police stop your vehicle and establish probable cause to arrest you for DUI, a chemical test could reveal a BAC reading over the legal limit of .08%. For drivers under the age of 21, the legal limit is zero, so any BAC reading could lead to a DUI conviction for younger drivers.

I have years of experience handling DUI cases for clients of all ages and all driving records. Whether you have been driving for ten years, twenty years, or just obtained your driver’s license last month, a DUI charge could lead to a loss of your driving privileges for several months, a year, or even longer in some cases. Both Kentucky and Tennessee uphold strict DUI laws and assign penalties for conviction based on the driver’s measured BAC level and the circumstances of their arrest. For example, a first-time DUI offender arrested at a random DUI checkpoint will likely face a much lighter sentence than a three-time DUI offender arrested after causing a serious accident and injuring or killing another driver.

Is it Worth Getting an DUI Attorney?

Many people mistakenly believe that it is futile to fight a DUI or DWI charge. In reality, it is possible to fight these charges. I work hard to improve your chances of getting a reduction or dismissal of charges.

While some people believe they can handle criminal prosecution without legal representation, the reality is that this is a very unwise decision. The average person with no legal experience or formal legal education will have significant difficulty navigating the strict and complex legal procedures involved in a criminal case. Similarly, many people facing criminal charges simply accept legal counsel from a public defender. Public defenders are available free of charge, and the vast majority of public defenders working in the Nashville area are competent, compassionate attorneys. However, public defenders often manage several cases at once, and even the best public defender will be unable to provide the same level of close, personalized defense counsel you could expect from a private firm like McNally Law.

My team and I can provide the legal counsel you need to navigate the criminal court system more confidently and with more control over the outcome. We will help you prepare for every phase of your case, from arraignment and pretrial hearings to further court proceedings as your case unfolds. Even a seemingly straightforward DUI case has the potential to escalate into a complex legal affair, and it’s imperative to have reliable counsel on your side as you make your way through this stressful and complex process.

The penalties for DUI conviction in the Nashville area can be severe, and without legal representation, you will have little to no opportunity to avoid the maximum penalties prescribed by law. A skilled defense lawyer can help their client plead down to lesser charges, minimize their penalties by arguing for alternative punishment or help them achieve complete case dismissal by challenging the prosecution’s evidence or the conditions of their client’s arrest and booking.

Potential Penalties for DUI Conviction

I help drivers in Tennessee and Western Kentucky mitigate some of the penalties that can sometimes accompany a DUI or DWI, including:

  • License suspension. Tennessee state law requires a one-year license suspension for DUI conviction with the potential to obtain a Restricted License. In Kentucky, the required suspension period is six months with the potential to secure a Restricted License. A Restricted License may allow you to drive to and from work, medical appointments, and other necessary errands, but little else.
  • Time in jail. In Tennessee, a first-time DUI conviction could lead to 48 hours up to 11 months in jail, depending on the circumstances of the offender’s infraction. In Kentucky, a first offense could lead to 48 hours up to 30 days in jail. In both states, the amount of time the convicted offender must spend in jail depends on whether they have prior convictions.
  • Expensive fines. Fines for a first-time DUI in Tennessee can be as high as $1,500, while first-time DUI fines in Kentucky can reach $500. As with the other penalties for DUI conviction in both states, fines escalate with multiple offenses.

Aside from these penalties, those convicted of DUI face additional repercussions that can cause serious problems for years to come. A DUI conviction on your record can make it difficult to find a job, secure financing for school, or cause you to lose a professional license. DUI conviction will also diminish your standing in your community.

Penalties for DUI conviction escalate with multiple offenses in a ten-year period. If you are convicted of a DUI and then a few years later are arrested for another DUI, the penalties you face during your second case will be significantly harsher than the first. Whether you are facing your first DUI charge or have a record of multiple DUI convictions, you need an attorney who can help you avoid the most severe penalties conviction could entail or help you secure a case dismissal if possible.

I believe in helping every client fully explore all available defenses in every DUI case my firm handles. If you have been wrongfully accused of DUI, if the police failed to properly establish probable cause in your arrest, or if law enforcement violated your Constitutional rights in any way in handling your case, I will ensure my team makes full use of these facts in crafting your defense. If you have committed a DUI in earnest, we can help you determine what type of plea would best suit your situation, potentially helping you plea down to lesser charges and avoiding the severe long-term penalties that accompany DUI conviction in the Nashville area.

Charged With A DUI While Visiting Nashville?

Nashville is a popular place for business conventions, conferences and tourism. If charged with drunk driving while visiting the city, you should work with a local attorney who can help you navigate the criminal justice system discretely and efficiently. I will work to help you minimize the negative impact of these charges, possibly helping you avoid the need to return to town and endure extra expenses.

While you may feel uncertain about securing legal representation while visiting outside of your home state, you can rest assured that me and my team at McNally Law can provide the highest degree of defense counsel possible and help you expedite your proceedings as much as possible. We provide every client with comprehensive and personalized defense representation in DUI cases. It’s vital for out-of-state visitors to understand that if they are convicted of DUI while visiting Nashville, their penalties will follow them home.

We understand how difficult it can be to manage a legal case away from home, and you may feel stuck until your case concludes. My team and I will do everything we can to ensure your case proceeds as expeditiously as possible. We can also coordinate with attorneys in your home state should you require further legal assistance from us relating to your DUI case in Nashville after you return home.

Confront Drunk Driving Charges With A Strong Defense

Your right to drive, your financial security and even your career are at stake when facing drunk driving charges. Beyond the criminal and administrative penalties, a DUI or DWI comes with a stigma that can affect your job opportunities and other areas of your life. Many people underestimate the importance of having a skilled defense attorney when facing DUI charges, but I know how to protect your interests and shield you from additional financial and criminal repercussions.

I will help you determine every available defense in your case. First, my team will examine the circumstances of your arrest to determine whether the police followed due process. If the police violated your Constitutional rights in any way, failed to read you your Miranda rights during arrest, or otherwise failed to conduct a lawful arrest, these facts may very well be enough for me to have your case dismissed outright.

In the event the police conduct a lawful arrest for DUI and require you to take a chemical test, it is unlawful for you to refuse this test, and doing so will lead to an automatic suspension of your license. However, a positive chemical test does not automatically mean you will face conviction for DUI. It’s possible to challenge the manner in which the test was conducting or the findings of the laboratory responsible for handling and testing your chemical specimen. Our team has extensive experience in questioning the prosecution’s evidence and challenging the validity of chemical test results in DUI cases.

Even if you did commit a DUI offense, if it is your first offense, I can still potentially help you avoid the most severe penalties for DUI conviction in Tennessee or Kentucky. As your Nashville DUI attorney, I will thoroughly review all evidence in play and look for any inconsistencies with the prosecution’s evidence, procedural errors in the handling of your arrest, and any other exculpatory factors that would allow you to plead to lesser charges, avoiding a DUI conviction and reducing the severity of your penalties.

Secure Your Defense Counsel Today

When you are facing any type of criminal conviction in the Nashville area, it is essential to secure legal counsel as soon as possible. While it may be tempting to simply accept the legal counsel of a public defender immediately after your arrest, it is best to seek legal representation from an experienced private defense firm like McNally Law. As your Nashville DUI attorney, I can help you prove that you did not commit a drunk driving charge or aid in your defense in a number of other ways, from discrediting the prosecution’s evidence to seeking full case dismissal in the event you experienced any violation of your Constitutional rights.

The sooner you secure defense counsel, the better your chances are of avoiding the harshest penalties that often follow DUI conviction in Tennessee and Kentucky. My team and I will work diligently to help you craft the most viable defense possible and help you approach your case with greater confidence.

Nashville residents, visitors and residents throughout Tennessee and Kentucky can fill out my firm’s contact form for a free initial case evaluation. You can also call toll free at 800-785-9546 or locally at 615-200-9559 to speak with a member of my team.

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Facing Criminal Charges? Schedule
Your Free Case Evaluation.

Criminal charges are a direct threat to your personal freedom and future opportunities. There is much at stake, but you have the right to confront these charges with a strong defense. I am proud to offer free initial case evaluations, and you can schedule yours by reaching out to my law office or calling 615-200-9559 or toll free at 800-785-9546.
McNALLY LAW
ATTORNEY PATRICK MCNALLY
© 2021 Patrick McNally, Attorney at Law.
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