Lots more people in Montgomery County are asking Fizer Bonding Company this question after police officers arrested approximately two dozen people for alcohol-related offenses over the 2021 Labor Day Weekend.

During the weekend, the state funded saturation enforcement patrols. This grant paid officer overtime and other costs associated with the enhanced enforcement. “Increased state and national messaging about the dangers of drunk driving, coupled with increased sobriety checkpoints and high visibility enforcement, aim to drastically reduce the number of drunk-driving crashes, injuries and fatalities this year,” remarked police Lt. Charles Gill.

Since 2018, the number of DUI arrests in Montgomery County has increased by more than 60 percent.

DUI and Jail Release

First things first. Prompt jail release is not only important for personal reasons. It’s also important for health and legal reasons. The amorphic illness known as the “jailhouse blues” is a real thing so we get you out of jail FAST. Pretrial detention causes adverse mental effects across the board, and especially for women, young adults, people with pre-existing medical conditions, and other at-risk individuals. Furthermore, defendants who are behind bars can only interact with their lawyers on a very limited basis, especially in the coronavirus era.

Fortunately, since first-time simple DUI is a non-violent offense, the full range of jail release options are usually available. Things could be different if the defendant has been in trouble with the law before or prosecutors add aggravating circumstances, like a collision or a child passenger under 16, to the charges.

Most of these types of offenders qualify for pretrial release. This form of release is often relatively quick. Upon a review board’s recommendation, the sheriff releases the defendant on his/her own recognizance.

A bail bond is the most common option for jail release. That’s where Montgomery County bail bonds agency Fizer Bonding Company , comes into play. Basically, a bail bond is an insurance policy which guarantees the defendant’s appearance at trial. Most of our bonds are priced at a 10% – 15% premium to underwrite these policies.

Jail release usually comes with strings attached. Common conditions include remaining in the county, checking in with a Fizer Clarksville TN bail bonds agent, and staying out of trouble with the law.

Tennessee is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples if officers have probable cause to request a sample. If you refuse, the state could suspend your license for one year.

Your license does not automatically become valid after the suspension ends. You must pay a reinstatement fee, present proof of insurance, and jump through some other hoops.

Defendants may request an administrative hearing and fight the suspension. At the hearing, as mentioned, police officers must only demonstrate probable cause for demanding a sample. That’s a rather low standard of evidence. Additionally, in most cases, the administrative law judge is not independent of the DMV and is well versed in the DMV laws and responsibilities of drivers so overturning the suspension is usually a long shot, at best.

However, if the evidence is weak, the ALJ often probates part of the suspension. Additionally, this administrative hearing gives your lawyer a chance to cross-examine the arresting officer under oath. Usually, these depositions cost hundreds of dollars, if they are available at all.

Typically, a restricted drivers’ license is available. The defendant can only drive a vehicle equipped with an Ignition Interlock Device. This gadget, which some people call a “blow-and-go,” is basically a portable Breathalyzer which is connected to the vehicle’s ignition. If the defendant provides a sample above .04 or another pre-designated level, or the defendant refuses to blow, the vehicle will not start or re-start. Of course there are additional fees for this device and are paid at the drivers expense. 

Defendants are guilty of DUI if they were operating a motor vehicle while they were intoxicated, or they were operating a motor vehicle with a .08 BAC or greater. Possible penalties include:

Common conditions of probation include having an alcohol evaluation, performing community service, and attending a DUI victim impact panel.

There are some collateral effects as well. Usually, these individuals must obtain high-risk SR-22 insurance and keep it for at least three years. Frequently, an SR-22 doubles or triples your insurance rates. Employment consequences are common as well. Most business insurance companies won’t cover drivers who have recent DUIs on their records. Furthermore, to many employers, a DUI means that the person has poor impulse control and judgment skills.

As mentioned, there are two ways to prove a DUI in court. There are also basically two ways to contest a DUI in court.

Intoxication DUIs usually involve the horizontal gaze nystagmus and other DUI Field Sobriety Tests. Some have said that these tests have shown  little scientific foundation. Furthermore, adverse conditions in the field, like flashing squadcar lights, often skew the test results. Police officers usually testify that the defendant “failed” all the tests. But jurors have the last word in this area, and their unbiased view is often different.

In chemical test cases, police department technicians sing the praises of a Breathalyzer like it was the most sophisticated device ever invented. But this gadget is basically an updated version of the Drunk-O-Meter, which was invented in the 1920s. As a result, Breathalyzers have a number of potential flaws. For example, if the defendant burped prior to the test, alcohol particles from the stomach flood into the mouth and can skew the test results. Proving you burped is another matter for your attorney to address. 

There are some other possible defenses as well. Lack of operation is the most common one. Even if the defendant is passed out behind the wheel, DUI charges could hold up in court. However, the state must prove that the defendant had the keys and the vehicle was driveable ( e.g. had gas, tires were inflated, and so on). Many times, this proof is unavailable. Lastly, get your best defense started off on the right foot with a Fizer bail bond.  The bottom line is that Montgomery County law enforcement does not play if you drive and drink…slow down out there and if you have a little fun be sure to have a designated driver with the party crew. 

For more information about getting out of jail fast for a DUI, contact the bail bondsmen near you in Montgomery and Robertson Counties at Fizer Bonding Company. We give free 24/7 bail bond consultations or click here . Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agent s. 

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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