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In the face of criminal charges, you may be overwhelmed by the prospect of navigating an often-unforgiving criminal justice system. However, you can rest assured that, with the help of an assertive and passionate advocate like Attorney Amanda J. Gentry, you will have strong legal support beside you in the courtroom. Attorney Gentry is dedicated to fighting for her clients’ constitutional rights wherever justice demands. In fact, she has driven to over 30 different courthouses across the state to defend her clients. She is real talk AND real results; when your future hangs in the balance, Attorney Gentry won’t back down.
One common type of criminal charge is driving under the influence. In Tennessee, it is illegal for a person to drive or be in actual physical control of a vehicle while:
- with a blood alcohol content (BAC) of .08% or greater (.04% or more for commercial drivers); or
- under the influence of any intoxicant, marijuana, controlled substance, controlled substance analog, drug, or substance affecting the central nervous system (where being "under the influence" means being impaired to an extent that affects the driver's ability to safely operate the vehicle).
The penalties upon conviction will depend on the severity of the offense and whether the defendant has been previously convicted of a DUI:
- 1st offense – up to 11 months and 29 days in prison (48-hour minimum with BAC of .08% or 7-day minimum with BAC of .20%); $250-$1,500 in fines; 1-year license suspension
- 2nd offense – 11 months and 29 days in prison (45-day minimum); $600-$3,500 in fines; 2-year license suspension
- 3rd offense – 11 months and 29 days in prison (120-day minimum); $1,100-$10,000 in fines; 6-year license suspension
Note that Tennessee also has "implied consent" laws that require all drivers lawfully arrested for a DUI to submit to a breath test, and unlawful refusal could result in an additional 1-year suspension for a first offense and a 2-year suspension for a second offense within the last 10 years. Visit our page on DUI to learn more about the sentencing options and specific penalties.
Drug Possession and Distribution
Our firm also defends clients facing drug-related charges, such as possession or unlawful distribution. For reference, some examples of drugs in their respective schedules (with Schedule I being the most severely punished) are:
- Schedule I – heroin, LSD, mushrooms
- Schedule II – cocaine, morphine, opium
- Schedule III – anabolic steroids, ketamine
- Schedule IV – Xanax, Valium
- Schedule V – medicines with certain amounts of codeine and opium
- Schedule VI – marijuana, THC
- Schedule VII – butyl nitrite
In general, first and second convictions for possession are Class A misdemeanors punishable by up to 1 year in jail and up to $2,500 in fines. Third and subsequent convictions are Class E felonies carrying up to $3,000 in fines and 1-6 years in prison. Offenders will also be required to attend a drug offender school and possibly perform community service.
On the other hand, the sale or possession with intent to sell controlled substances are felonies, ranging from Class A to Class E, depending on the schedule of drug and amount manufactured or distributed. Take a look at our Drug Crimes page for the specific sentencing range.
Our firm handles criminal cases from the misdemeanor to the felony level. Whether you have been accused of a misdemeanor DUI, felony drug crime, or some other misdemeanor or felony in Davidson County, the Law Offices of Amanda J. Gentry is prepared to fight for your side. We will take a look at the available evidence and provide you the honest and straightforward legal advice you need to navigate your charge. Let us work together to build a tough, compelling defense in court today.
Call (615) 235-5096 or contact the Law Offices of Amanda J. Gentry online for a consultation to learn more.