Tag Archives: DUI attorney

Legal Questions and Answers


fullsizerenderHarold E. Rushton, Esq. is a Nashville, Tennessee based Divorce, Separation and Criminal Defense Attorney serving Davidson, Williamson, Rutherford, Dickson and Wilson Counties.  Call The Rushton Law Firm, PLLC  Phone:  (615)576-0071 or (615)815-9967


Call today for a FREE consultation (615)576-0071 or (615)576-0071

Email: Harold@TheRushtonLawFirm.com or Leigh@TheRushtonLawFirm.com

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Accused of DUI and Need Representation?

dui2Being arrested and charged with DUI can be a very serious situation for you and your family.   That is why you should seriously consider hiring an attorney to represent you if you are accused of DUI.   Your interests are at stake when you go up against the State in a DUI or criminal case.  Your freedom may also be in jeopardy.   This is an important time to seek help.

Tennessee DUI laws have strict penalties and carry minimum mandatory sentences.  This could mean time in jail if you are convicted, loss of work or even loss of employment.  It can also translate into negative implications later when you attempt to apply for a new job or even adversely affect child custody agreements in divorce cases.

DUI (driving under the influence) can result from either excessive consumption of alcoholic beverages, illicit drugs, prescription drugs or even an over the counter substance that alters one’s ability to safely operate a motor vehicle.   This covers a pretty broad range of ways to find yourself under the influence and running afoul of the law in Tennessee.   Depending on which method of intoxication you are accused of, will depend on the method of evidence collection the state will use to extract the proof from your body.

This brings us to the next point.  If you are stopped and investigated for driving under the influence, law enforcement will typically administer three standardized field sobriety tests.  Those include:  (1) The horizontal gaze and nystagmus test;   (2)  The one-leg stand test; and (3) The walk and turn test.  These tests are designed to determine if a driver is impaired to a degree that they can no longer safely operate a motor vehicle.  The investigating officer will look for certain evidence of intoxication.  The evidence may vary if the violator is suspected of alcohol intoxication vs. drug intoxication.   An officer should be trained and certified to administer these tests.  However, sometimes they are not properly trained or are not current in the their training.  This is an issue that we will explore if I defend you in your DUI case.  I will apply years of experience as a State Trooper and Traffic Homicide Investigator to your case.   I was certified to perform each of these tests and did so daily for many years.  I know when the investigation was properly conducted and when it was not.

If the officer believes after these field sobriety tests are conducted that you are under the influence, the next phase is normally an arrest. When arrested, you can expect to be taken to the nearest jail where you will be directed to take an approved chemical test for the purpose of extracting evidence from your body that will later be used against you.  This is a very important phase of the DUI arrest process.  It is important for the State and it is important for you.  There are specific procedures that must be followed by law enforcement during this phase of the evidence collection process.  If they deviate, the evidence may be tainted and cause elevated alcohol indications adversely affecting the test results.  Likewise, if you are asked to submit to a blood test to determine the level of controlled substances present in your body, certain procedures must be followed by the evidence collection technician.   Otherwise, the blood may become contaminated, the chain of custody could create reasonable doubt as to the validity of the evidence sample, or a host of other issues could occur.  This is why you need a competent attorney by your side if you have been charged with DUI.

I have extensive experience investigating DUI cases and traffic collisions resulting from impaired drivers.  I spent over a decade working as a State traffic homicide investigator and gained valuable inside knowledge of the “system” and how it works.  I know when the proper procedures were followed by law enforcement.  I also know when their case is weak.  Let me use these skills and knowledge to represent you if you have been accused of DUI.  This is an important time in your life.  Don’t go it alone.  Seek an attorney that you can trust with your future.


Harold E. Rushton, Esq. is a Nashville, Tennessee based criminal defense attorney serving Davidson, Williamson, Rutherford, Dickson and Wilson Counties.  Call today for a FREE consultation (615)576-0071.  Email:  Harold@TheRushtonLawFirm.com


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DUI conviction can have significant impact on your future!

dui1Many times good people find themselves in a bad situation.   Over the course of my career I have witnessed this happen many times.   Good, hard working people who found themselves running afoul of the law by just one or two drinks too many.

DUI is the abbreviation for driving under the influence.  Although we commonly think of DUI as meaning driving an automobile after having too many alcoholic beverages, but it doesn’t stop there.   It can also mean driving under the influence of a controlled substance, medication, marijuana, or even some legal substance that causes impairment to an extent that one can no longer operate a motor vehicle in a safe manner.  All of these are big trouble if you are accused and charged with DUI.

Most states have significantly cracked down on DUI arrests.  They have legislated severe penalties and take DUI enforcement very seriously.   Tennessee state law even makes it a criminal offense to refuse to take a breath test during a DUI investigation!

What does this mean to you, the average hard working citizen?   It means a DUI conviction could have significant adverse implications on your future.   A DUI conviction could bar you from gaining employment, it could cause your employer to terminate your employment, it could cause you to spend time in jail, pay thousands of dollars in fines, court costs and legal fees and it could even adversely affect child custody agreements in divorce situations.  There are many ramifications to having been convicted of a simple DUI.

Things may become even more serious if you are involved in a traffic accident where someone is injured or killed and you are accused of being under the influence.   This typically triggers a traffic homicide investigation where the state may seek to prosecute you for assault or even vehicular homicide, depending on the facts of the case.   This is not a good place to be and if you are accused of a very serious charge, you need a competent attorney to protect your rights.

After a collision such as I have just described, you may need immediate representation.  The police will typically attempt to interview you, take a statement, request samples of your blood for analysis, request that you submit to a breath test or other types of evidentiary collection.   You should immediately seek an attorney to help you though this process.   You have both the right to remain silent and the right to an attorney during questioning.   You also have other civil rights under the Tennessee Constitution and the U.S. Constitution that your attorney will assist in protecting.   Don’t try to go it alone, seek counsel.

If you’ve been accused of a DUI, traffic homicide, vehicular assault, or other criminal offense, we are here to help.  Harold Rushton, Esq. is a Nashville, TN based Attorney.  He has a vast amount of experience as a state trooper traffic homicide investigator and traffic accident reconstructionist.  He knows what to expect from law enforcement and how to defend your rights against improper or unjust prosecution.  He will skillfully defend your rights, protect your interests and will diligently serve your needs as a criminal defense attorney.  At The Rushton Law Firm, we understand that bad things sometimes happen to good, hard working people.

If you find yourself facing criminal charges and are seeking the assistance of a criminal defense attorney, call The Rushton Law Firm, PLLC today for a FREE consultation.  (615)576-0071 or (615)815-9967

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