Aggravated DUI Attorney in Chattanooga

Serious Drunk Driving Charges Need Steady Legal Guidance

If you are facing an aggravated DUI charge in or around Chattanooga, you already know the stakes feel very different from a routine traffic ticket. Jail time, loss of your driver’s license, and a long-term criminal record may all be on the table, and it can be difficult to know what matters most in the days after an arrest. Our attorneys at Abbott, Weiss, Faith & Darnell, PLLC help people in this situation understand their options and make informed decisions about their futures.

We recognize that an aggravated DUI allegation often comes with extra stress. You may be worried about a very high BAC reading, a prior DUI on your record, an accident with injuries, or a child in the vehicle. You might also feel embarrassed, overwhelmed, and unsure how the criminal process in Hamilton County courts actually works. Our goal is to provide clear information and steady guidance so you do not have to navigate this alone.

Our firm brings more than 60 years of combined courtroom experience to every case. Several of our attorneys have been recognized by Super Lawyers and similar publications, and we regularly defend clients facing complex criminal charges in southern Tennessee. This background informs how we evaluate aggravated DUI cases, communicate with clients, and plan the next steps from the very first meeting.

Don't let an "aggravated" label dictate the rest of your life. Secure an aggravated DUI attorney in Chattanooga who has the experience to challenge the state's evidence. Call Abbott, Weiss, Faith & Darnell, PLLC at (423) 264-2206 or contact us online for a consultation.

What Makes a DUI "Aggravated" in Tennessee

Under the Tennessee Code Annotated (T.C.A.) § 55-10-401 and the newly enacted 2025 Public Chapter 430, several factors can elevate a standard DUI to an aggravated status. Our firm meticulously analyzes your arrest record to challenge the application of these enhancers.

1. Elevated Blood Alcohol Concentration (BAC)

The most common aggravating factor is a high BAC. Tennessee lowered the threshold for "aggravated vehicular" offenses:

• The 0.15% Benchmark: Following the 2025 update, a BAC of 0.15% or higher (previously 0.20%) now serves as the trigger for "elevated alcohol concentration" in felony cases involving injury or death.
• The 0.20% Jail Minimum: For a standard first-offense DUI, a BAC of 0.20% or higher triggers a mandatory minimum jail sentence of 7 consecutive days, rather than the typical 48 hours.

2. DUI with a Minor Passenger

Operating a vehicle while impaired with a child under the age of 18 in the car is a severe aggravator. Under T.C.A. § 55-10-403, this results in:

• A mandatory minimum jail sentence of 30 days.
• A mandatory minimum fine of $1,000.
• Potential Child Endangerment or Reckless Endangerment charges, which can be prosecuted as felonies if the child is injured.

3. Serious Bodily Injury or Death

If a DUI results in an accident where another person is harmed, the charges immediately escalate to the felony level:

• Vehicular Assault (Class D Felony): Recklessly causing serious bodily injury to another as a result of intoxication.
• Aggravated Vehicular Assault (Class A or C Felony): This applies if the driver has prior DUI convictions and meets the 0.15% BAC threshold.
• Vehicular Homicide (Class B Felony): When a fatality occurs due to impaired driving.

4. Prior DUI Convictions

Tennessee uses a 10-year "look-back" period. Each successive conviction significantly aggravates the penalties:

• 2nd Offense: Minimum 45 days in jail.
• 3rd Offense: Minimum 120 days in jail.
• 4th or Subsequent Offense: This is a Class E Felony, carrying a mandatory minimum of 150 consecutive days in jail and up to 6 years in prison.

Penalties of Aggravated DUI In Tennessee

Potential consequences may include mandatory minimum jail time, longer overall possible sentences, higher fines, and longer driver’s license suspensions. Courts can also require ignition interlock devices, probation conditions such as alcohol treatment or community service, and payment of restitution in cases involving property damage or injuries. 

The exact penalty structure often depends on the number of prior DUI convictions, the specific aggravating factor, and how the case is charged by the district attorney’s office.

Beyond the direct sentence, an aggravated DUI can affect many parts of a person’s life. A conviction can appear in background checks that employers or landlords review. Certain professional licensing boards consider DUI history when evaluating applications or renewals. 

For noncitizens, criminal convictions may have immigration consequences depending on the charge and personal history. We help clients understand both the immediate sentencing exposure and the collateral effects that could follow them long after the case ends.

What To Do After An Aggravated DUI Arrest

After an aggravated DUI arrest, the first hours and days are critical, and the steps you take can significantly impact your case. Prioritizing court dates, careful communication, and preserving relevant information can help protect your rights and give your attorney the tools needed to build a strong defense.

• Keep track of court dates: Note when and where your hearings are scheduled, often in Hamilton County General Sessions Court, and never miss a scheduled appearance to avoid additional charges or warrants.
• Be cautious with communications: Avoid discussing the incident with friends, witnesses, or on social media, and limit contact with insurance companies or other drivers until you’ve consulted a lawyer.
• Preserve relevant evidence: Save receipts, text messages, call logs, and information about anyone present before or during the traffic stop, as these details may be useful in evaluating your case.
• Contact a defense attorney promptly: Early legal guidance helps review the events of your arrest, plan for court, and ensure you are not reacting under pressure at the last minute.

Why Choose Our Chattanooga Defense Team For Aggravated DUI

When you search for an aggravated DUI lawyer in Chattanooga, you are looking for more than a name on a website. You need a team with real courtroom experience, a record of handling serious charges, and a practical understanding of how these cases move through local courts. At Abbott, Weiss, Faith & Darnell, PLLC, our attorneys focus on both criminal defense and civil litigation, which allows us to handle everything from traffic violations to felony-level matters.

Our partners bring more than six decades of combined legal experience to the table. Barry L. Abbott has practiced for over thirty years and has been selected to the Super Lawyers list for 2023 and 2024. Joshua P. Weiss has been named a Super Lawyers Rising Star from 2021 through 2025. Attorney Brittany Faith has been recognized as a Rising Star since 2017 and holds a 10.0 Superb rating from Avvo, and attorney Zachery Darnell has been named to the Super Lawyers Rising Stars list for 2022 and 2023. These honors reflect how our work is viewed by professional peers who see us in court.

We combine those credentials with a firm commitment to honest communication. Clients come to us during some of the most stressful moments of their lives. We provide realistic assessments instead of easy promises, explain likely scenarios, and answer questions as directly as we can. 

Clients have noted that we work to keep legal costs manageable and that we remain accessible throughout the process, returning calls and messages promptly. In some situations, our attorneys have continued to check on former clients even after cases concluded, which reflects how seriously we take our role in a client’s life.

Strategic Defense Against Aggravated DUI Charges

Because aggravated charges rely on specific technical "triggers," our defense strategy focuses on disproving the validity of those triggers. As your aggravated DUI attorney in Chattanooga, we utilize several high-level defense pillars:

• Challenging the 0.15% or 0.20% BAC Reading: If your charge is based on an "elevated" BAC, we look for the "margin of error." Every breathalyzer and blood test has a variance. If your reading was a 0.151%, a margin of error of just 0.002% could mean the difference between a felony and a misdemeanor. We analyze the calibration logs of the Hamilton County testing equipment to find these discrepancies.
• Retrograde Extrapolation: In cases involving accidents, there is often a significant delay between the time of the crash and the time of the blood draw. Alcohol levels can rise or fall over time. We work with expert toxicologists to prove your BAC may have been below the aggravated threshold at the actual time of driving.
• Disputing "Serious Bodily Injury": In vehicular assault cases, the state must prove the injury was "serious." We scrutinize medical reports and consult with independent physicians to determine if the victim’s injuries meet the strict legal definition. If they do not, we fight to have the felony charges reduced.
• Constitutional Suppression: We examine the legality of the initial stop and the search warrant used to obtain your blood. If the Chattanooga Police or Hamilton County Sheriff's Office violated your Fourth Amendment rights, we move to have the evidence suppressed, often resulting in a complete dismissal of the aggravated factors.

Talk With Our Team About Your Aggravated DUI Case

An aggravated DUI charge is serious, but you do not have to face it without guidance. The next step is to understand the evidence, the range of possible outcomes, and the choices in front of you. Our attorneys at Abbott, Weiss, Faith & Darnell, PLLC draw on decades of litigation experience, peer-recognized legal work, and a commitment to clear communication when we advise clients in Chattanooga and the surrounding communities.

To discuss your aggravated DUI case with our team, call (423) 264-2206 or reach out online today.