What to ask a DUI lawyer in Nashville before you hire one, how fees are usually structured, and which advertising claims the ethics rules do not allow.
Most people searching for a DUI lawyer in Nashville have never hired a criminal defense attorney before. Every website looks similar, every firm sounds confident, and the first court date is coming whether you have decided or not.
This page is meant to make the comparison easier. It covers how a Davidson County DUI case actually moves, what to ask in a consultation, how fees are usually set, and what no lawyer can change no matter what they charge. It is general information about Tennessee law, not advice about any specific case.
Already have a court date? Austin Tomlinson will review the stop, the testing, and your license situation at no charge. Call (615) 669-8312 or send a confidential message.
A Nashville DUI charge starts in the Metropolitan General Sessions Court, which describes itself as "a high-volume limited jurisdiction Court that hears civil, misdemeanor, felony, traffic, environmental, and metropolitan ordinance violations." It is served by eleven judges, along with fifteen judicial magistrates who handle the probable cause hearings in the issuance of a criminal warrant. Criminal court dates are at the Justice A.A. Birch Building, 408 2nd Ave N.
Two things follow from that. First, the docket is crowded, and a lawyer who is not prepared will feel pressure to resolve your case quickly. Second, your case may not end there. A case bound over by the grand jury moves to Criminal Court, which is a different judge, a different prosecutor, and a different timeline. Our post on General Sessions versus Criminal Court explains the split.
So the real question is not only who will stand next to you at the first setting. It is who will handle the preliminary hearing, the negotiation, the license issue, and a trial if it comes to that.
Ask the same questions of every firm you call. The answers will separate them faster than any website can.
Some firms sign a client with one lawyer and send another to court. Ask who appears at each setting and who you call with a question.
That means the cruiser and body camera video, the maintenance and calibration records for the breath instrument, and the lab file on a blood draw.
General Sessions only, or Criminal Court and trial too? Ask what happens to the fee if the case is bound over.
A DUI conviction carries a driving prohibition under Tenn. Code Ann. § 55-10-404. A refusal carries its own revocation under § 55-10-407. Ask how each is handled and whether a restricted license under § 55-10-409 is on the table.
Most cases resolve without a trial. A lawyer who is willing to try one negotiates from a different position than a lawyer who never has.
A careful answer describes possibilities and what drives them. A promise is a warning sign, for reasons covered below.
Criminal defense lawyers in Tennessee commonly quote a flat fee for a defined stage of the case rather than an hourly rate. What matters is what the flat fee includes.
One fee through General Sessions, a separate fee if the case moves to Criminal Court, and often a separate trial fee.
A single fee that covers the case to its conclusion, including trial. Usually higher up front, with no second quote later.
Less common in misdemeanor defense. If a firm quotes hourly, ask for an estimate of total hours and what happens if it runs over.
Costs outside the fee belong in the same conversation. A DUI case can involve court costs, fines, a clinical substance abuse assessment and treatment program under Tenn. Code Ann. § 55-10-402(h), and the cost of an ignition interlock device if a restricted license is issued under § 55-10-409. Ask for the whole picture, not just the retainer.
If you cannot afford a private lawyer, say so in court. Under Tenn. Code Ann. § 40-14-202, the court "shall then advise the accused with respect to the accused's right to counsel," and if it finds you indigent it "shall appoint to represent the accused either the public defender, if there is one for the county, or, in the absence of a public defender, a competent attorney licensed in this state."
Tennessee lawyers are governed by the Rules of Professional Conduct in Tenn. Sup. Ct. R. 8. Two of those rules are useful filters when you are comparing firms.
A lawyer who guarantees a result in your first phone call is telling you something about how the firm operates. Nobody knows what the video shows, what the lab file says, or what the prosecutor will do before those things are in hand.
Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.
Part of judging a DUI lawyer in Nashville is knowing which parts of the law are fixed. These are set by statute and no lawyer can negotiate them away.
What a lawyer can do is test whether the State can prove its case under § 55-10-401 in the first place. That means the basis for the stop, the arrest decision, the field sobriety testing, and whether a blood draw was supported by a warrant or exigent circumstances under § 55-10-406. For a fuller version of that analysis, see is it worth hiring a DUI attorney in Tennessee.
Austin Tomlinson is an Army veteran who defends veterans and civilians across Davidson County and the surrounding counties. He offers a free case review.
If your case involves a security clearance, VA benefits, or a military career, those consequences get addressed alongside the criminal case. See security clearance and benefits and veterans criminal defense.
Learn more about our Nashville DUI defense, including first offense, second offense, and implied consent refusal cases, or see the areas we cover on our Nashville criminal defense page.
Most people call after release and before the first court setting. Evidence such as cruiser and body camera video and breath instrument records is easier to request early, and the first setting can move quickly in a high volume court.
Fees vary by lawyer and by case. Criminal defense lawyers commonly quote a flat fee for a stage of the case, such as General Sessions, with a separate fee if the case moves to Criminal Court or goes to trial. Ask what the quoted fee covers and what costs fall outside it.
No. Under the Tennessee Rules of Professional Conduct in Tenn. Sup. Ct. R. 8, RPC 7.1 prohibits statements that create an unjustified expectation about results. A lawyer can explain possible outcomes and what drives them, but not guarantee one.
Only if the lawyer actually holds that certification. RPC 7.4 allows a lawyer to state the fields in which the lawyer practices, but a claim of certification in a field of law requires certification by the Tennessee Commission on Continuing Legal Education and Specialization, or a patent attorney designation from the U.S. Patent and Trademark Office.
Tell the court. Under Tenn. Code Ann. § 40-14-202, the court advises the accused of the right to counsel and appoints the public defender, or another licensed attorney where there is no public defender, if it finds the accused indigent.
In the Metropolitan General Sessions Court of Nashville and Davidson County, at the Justice A.A. Birch Building, 408 2nd Ave N. A case bound over by the grand jury moves to Criminal Court.
Every case turns on its own facts. Any result described on this page is not a prediction or guarantee of the outcome in another matter.
Bring the questions on this page to Austin Tomlinson and see how the answers stack up. The review is free and the conversation is confidential.
Each county page covers the court structure, the specialty courts and the local rules of that county. Each city page covers which court actually has your case, how far away it is, and what that city's own court can and cannot do. The areas served page lays all of it out in one place. If your city is not listed, call anyway — these are the places Austin appears most often, not the limits of where he goes.
Every day you wait is a day the prosecution is working and you are not. Call Patriot Law and get a straight read on where you actually stand.
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