Faqs Archive | Benjamin Winters Law

If I am arrested for Driving Under the Influence, can I be forced to submit to a chemical test?

Ben Winters — Mon, 10 Aug 2015 19:10:02 +0000

In certain, very narrowly defined circumstances, the answer is “yes”. Basically, there are three scenarios in which a person can be “forced” to give a blood sample: 1) if a person has a prior conviction of DUI, Vehicular Assault or Vehicular Homicide, 2) if injury or death to another person results from driving under the influence, or 3) if there is a child in the vehicle who is under the age of sixteen at the time of arrest. (see T.C.A. §55-10-406).

These laws in Tennessee are constantly being challenged and/or changed, which is another reason it is vitally important to consult with an attorney who is familiar with these issues.

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What is Implied Consent?

Ben Winters — Mon, 10 Aug 2015 19:09:11 +0000

T.C.A. § 55-10-406 (a) Any person who drives a motor vehicle in this state is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood, a test or tests for the purpose of determining the drug content of a person’s blood, or both.

What this means is that, if you are suspected of driving under the influence of alcohol or drugs, you will be asked to submit to a chemical test of your blood. Should you refuse, which in most cases you are entitled to do, you will likely be charged with a violation of the implied consent law. While not, in and of itself, a criminal offense, there are still penalties for refusing a chemical test which will result in a loss of your driving privileges for a specified period of time.

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What are the penalties for Driving Under the Influence in Tennessee?

Ben Winters — Mon, 10 Aug 2015 19:08:55 +0000

The penalties for Driving Under the Influence vary greatly, depending on one’s history of driving under the influence and the facts of the specific case (i.e. breath/blood results, whether a child was present in the vehicle at the time of arrest, whether or not someone was injured, etc). Regardless, the penalties for a DUI conviction are all very serious. For example, a conviction for a first offense carries with it a minimum mandatory jail sentence of forty-eight hours, while a second offense carries a minimum confinement of forty-five days. Of course, there are fines and conditions of probation associated with any conviction, which is why it is imperative to retain a lawyer who is well-versed in defending clients against charges of driving under the influence.

The penalties associated a conviction for Driving Under the Influence can be found here.

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What should I look for in an attorney for representation on a DUI charge?

Ben Winters — Mon, 10 Aug 2015 19:08:13 +0000

This is a question I routinely get asked by potential clients and it is a good one. Defending charges stemming from driving under the influence requires specific knowledge of an array of legal and constitutional issues including, but not limited to, 4th Amendment (search & seizure), 5th Amendment (right against self-incrimination), the legality/constitutionality of breath and blood tests, the requirements of police officers in administering field sobriety tasks as well as the variables that can affect the validity of these tests.

If you find yourself in need of an attorney resulting from a DUI arrest, make certain that he/she is well-versed in defending clients charged with driving under the influence.

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What is the cost of a DUI?

Ben Winters — Mon, 10 Aug 2015 19:07:46 +0000

The cost of a DUI conviction goes well beyond the fees you will pay an attorney for representation. They include administrative fines and court costs, program fees, increased insurance rates and, of course, the potential of lost income or lost earning potential, given that some people will face the potential of losing their job upon conviction.

The best defense is obviously choosing to refrain from driving if you have consumed or know you will be consuming alcohol. However, should you find yourself facing a charge for driving under the influence, don’t trust your case to just anyone….give me a call so that we can discuss your case and get working on it immediately.

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How much will it cost?

Ben Winters — Mon, 10 Aug 2015 19:05:32 +0000

Typically, a retainer fee is charged on criminal cases. The cost of criminal representation varies greatly depending on the nature of the offense, the number of charged offenses, the extent of any prior criminal history, if any, and the court/jurisdiction in which your case is pending. Should you be in need of criminal representation, please contact me for a free consultation regarding your case, at which time I will be able to quote you a fee.

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What are the penalties?

Ben Winters — Mon, 10 Aug 2015 19:04:56 +0000

The penalties associated with a charged criminal offense depend on the nature of the crime charged and the extent of any prior criminal history. Should you be in need of criminal representation, please contact me for a free consultation regarding your case, at which time I will be able to advise you of the potential penalties associated with your case.

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Will my case go to trial?

Ben Winters — Mon, 10 Aug 2015 19:03:44 +0000

There is no hard and fast rule in determining which cases will go to trial and which will be disposed of “out of court”, so to speak. Nowadays, we see fewer and fewer cases proceeding to trial, while more cases are settled prior to trial, either between the parties or by way of alternative dispute resolution (i.e. mediation and/or arbitration).

Rest assured, however, that I am a trial lawyer, first and foremost. Should pre-trial settlement be unobtainable in your case, we will gladly present your case to a jury.

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What are the legal fees I can expect to pay?

Ben Winters — Mon, 10 Aug 2015 19:03:23 +0000

At the Law Office of Ben Winters, we operate on a contingency fee basis when it comes to Plaintiff’s cases (i.e. personal injury, premise liability, trucking liability, etc.). What that simply means is that if we do not prevail on your case (either by settlement or trial), then you owe us nothing. We only get paid if you do. The typical contingency fee rate is one-third of any settlement.

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How long will my lawsuit take?

Ben Winters — Mon, 10 Aug 2015 19:02:58 +0000

Every case is unique and, as such, there really is no “typical” timeframe in which you can expect your case to be resolved. That being said, we will do everything we can in order to dispose of your case as quickly and efficiently as possible.

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