Pleading guilty is the number one mistake made in DUI Defense.
The Tennessee DUI statute is codified at 55-10-401. That section states: “It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the State, any shopping center, trailer park, apartment house complex or any other location which is generally frequented by the public at large, while:
- under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of himself which he would otherwise possess.
- the alcohol concentration in the person’s blood or breath is eight-hundreths of one percent (0.08%) or more; or
- with a blood alcohol concentration of four-hundreths of one percent (0.04%) and the vehicle is a commercial motor vehicle
“Under the influence” is a conclusory phrase and a determination of whether one is or isn’t is very subjective. For this reason, a detailed analysis of all of the evidence to be presented in a DUI case is essential to ensure that every possible defense is uncovered and explored.
If arrested for DUI, you will likely be held in jail for a minimum of six hours before you are released on bond. In our local jurisdictions, most, if not all DUI arrestees must post a bond. Upon being released from the jail, you will be given an initial court date. The original date is a first appearance and most of the time the officer is not subpoenaed to court that first date. Thereafter, you will receive a hearing date. The case begins in one of our municipal courts (Red Bank, Soddy Daisy, Collegedale or East Ridge) or in General Sessions Court.
In these courts you may enter a plea, have a preliminary hearing, or in rare instances where the Assistant District Attorney agrees, you may have a trial. If the preliminary hearing is waived or lost, the case goes to the grand jury and moves to Criminal Court or Circuit Court depending on the jurisdiction. In this court you may have a trial by judge or jury or enter a plea.
If you are facing DUI charges, it is important to contact an experienced DUI practitioner as soon as possible to ensure that all of your rights are preserved at every stage of litigation and to assist you in determining the best course of action at every proceeding.
Ms. Hayduk has specialized training and experience in drunk driving defense. She is one of the few lawyers in the Tennessee area who has attended a 24 hour training seminar in the administration of the standardized field sobriety tests using the exact NHTSA cirriculum that is used to train law enforcement officers. She has also taken the NHTSA Instructor Course and has co-instructed two courses in the administration of the standardized field sobriety tests to other lawyers from around the country.
In April of 2009, Andrea taught a DUI seminar in Knoxville, Tennessee which was sponsored by Lorman Educational Services.
In April 2014, she attended an overview of NHTSA’s ARIDE (Advanced Roadside Impaired Driving Enforcement) course. This is the same course that several local officers have attended and the curriculum is being used locally in assisting these officers in making their arrest decisions.
She prides herself on knowing the officer’s curriculum better than they do, which gives her an upper hand in investigating the case and catching any mistakes made by law enforcement officers.
Due to the serious nature of DUI related charges, it is important that every possible defense is explored and in most cases there is a defense.
If you’ve been arrested and charged with drunk driving or driving under the influence, you’re facing criminal charges that have long lasting and serious effects on your life. Call an experienced DUI attorney or DUI lawyer right away. Our system of criminal justice can be complex and overwhelming and you need someone who can help guide you through the process and who will fight for your rights at every level.
Andrea Hayduk is committed to providing aggressive, effective, and professional legal representation.
Let experienced Chattanooga, Tennessee DUI defense attorney Andrea Hayduk review your case and advise you as to your options. Contact Ms. Hayduk now at 423-805-3100 or click below for a free initial consultation.