Barnes & Fersten, PLLC

Barnes & Fersten, PLLC East Tennessee’s #1 Most Reviewed Exclusively DUI & Criminal Defense Law Firm Located In Knoxville, TN Mr.

The Barnes Law Firm was founded on the belief that every person we represent should get a high quality, personalized, and aggressive representation, that they should be able to speak with their attorney directly about their case to get the information and advice they need in a timely manner, and that that they should be able to afford excellent representation without mortgaging their future. We ar

e absolutely committed to going above and beyond to assure the best possible representation for every client. We take on a comparatively smaller number of cases to make sure that each client gets personal and focused service, which leads to better results and more peace of mind. We have developed a focus on DUI defense and have been trained extensively in that field. We continually attend conferences and seminars nationwide to stay on the cutting edge of that always evolving field. The court system often seems to be working directly against the interests of our clients. We work to make sure that each client gets the full advantage of the rights and protections afforded by our system of justice. Barnes is a two time graduate of the University of Tennessee, earning both a bachelor's degree and my law degree with honors from UT. He is an avid participant in crossfit, plays electric guitar and is engaged to the love of his life and is planning to be married in September 2017.

08/28/2026

What’s the difference between being detained and being arrested in Tennessee—and why does that distinction matter? In this video, we break down the legal standards of reasonable suspicion and probable cause, explain when a detention can turn into an arrest, discuss searches and Miranda rights, and look at how these issues often arise in DUI and criminal cases. We also explain what can happen when police go beyond the limits of a lawful stop or arrest.

For a more detailed breakdown on this topic, read our blog: ⁠https://knoxcrimdefense.com/arrested-vs-detained-in-tennessee-whats-the-difference/

08/26/2026

Would you eat a sandwich that was left out overnight?
Blood Draws Part 3: What Happens After the Blood Is Collected?

Once a blood draw is completed, the process isn’t over. After the kit is sealed, it may be days, weeks or even longer before the sample is submitted for testing.

In this video, Brandon explains why how and where the sealed blood kit is stored can matter. For example, leaving a blood kit in a police vehicle for several hours or overnight, particularly in hot temperatures, can create conditions that may contribute to bacterial growth.

And these samples aren’t necessarily tested right away. They are sent to the Tennessee Bureau of Investigation (TBI) for testing and may be tested day or weeks after the blood was collected. Changes that occur in the sample during that time can potentially affect the test results, including the reported blood alcohol concentration (BAC).

This is another important part of understanding blood testing in DUI cases: what happens to the sample after the draw can matter just as much as what happens during the draw.

At Barnes & Fersten, our attorneys know that helping a client means more than simply working on the legal issues. It als...
08/26/2026

At Barnes & Fersten, our attorneys know that helping a client means more than simply working on the legal issues. It also means providing honest answers, setting realistic expectations, and being a steady source of guidance when the process feels overwhelming. We’re grateful this client trusted our team during a difficult time and thankful that their case ultimately ended in a dismissal. Thank you for sharing your experience and for choosing Barnes & Fersten for your case.

08/21/2026

Can you get a DUI in Tennessee without actually driving? In this video, we break down how Tennessee’s “physical control” law can apply when someone is sleeping in a parked car, sitting behind the wheel, or even found near a vehicle while intoxicated. We discuss the factors courts consider, including where the keys are, whether the engine is running, where the person is seated, and whether the vehicle can be operated. If you’ve ever wondered where Tennessee draws the line between being intoxicated near a car and actually committing DUI, this video explains what matters.

For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/can-you-get-a-dui-for-sleeping-in-your-car/

We’re proud to share some exciting news! Attorney Brandon D. Fersten has been recognized in the 2027 edition of The Best...
08/20/2026

We’re proud to share some exciting news!
Attorney Brandon D. Fersten has been recognized in the 2027 edition of The Best Lawyers in America® for DUI / DWI Defense.

This recognition marks an exciting next step following Brandon’s recognition in Best Lawyers: Ones to Watch® in America from 2023–2026 for DUI / DWI Defense and Criminal Defense: General Practice.

We’re grateful to see Brandon’s dedication to criminal and DUI defense recognized by Best Lawyers®, and we’re proud of the work he continues to do for clients throughout East Tennessee.

Congratulations, Brandon! We’re lucky to have you leading our team, and we’re excited to celebrate this accomplishment with you!

Read Brandon’s Best Lawyers profile and recognition here: https://www.bestlawyers.com/lawyers/brandon-fersten/348485

08/19/2026

DUI Checkpoint Update: The Remainder of August

As we head into the final weeks of August, here are the DUI checkpoints currently scheduled across East Tennessee:

📍 Friday, August 21
• Cumberland County – Hwy 68 @ Alloway Road
• Knox County – Martin Mill Pike @ Ogle Avenue
• Monroe County – SR 360 @ Ball Play Road

📍 Friday, August 28
• Campbell County – US 25W @ TN Ave

📍 Saturday, August 29
• Claiborne County – Old Hwy 63 near Back Valley Road

In this week's video, Attorney Brandon Fersten goes over some general best practices for navigating a DUI checkpoint.

If you're stopped, stay calm, be polite, and cooperate with the officer- but remember that cooperation doesn't mean you have to voluntarily provide additional evidence against yourself. Brandon also discusses blood testing and why you should understand your rights before consenting to a blood draw.

We've recently posted several videos explaining issues that can affect the accuracy and validity of blood alcohol testing. If you haven't seen those yet, be sure to check them out on our page.

Our goal is to help you better understand Tennessee DUI laws and your rights. We hope you never need us, but if you do, we're here to help- 865-805-5703

When your family is facing a legal situation you have never dealt with before, clear guidance and timely communication b...
08/19/2026

When your family is facing a legal situation you have never dealt with before, clear guidance and timely communication become especially important. Our approach is to help clients understand the process, respond when questions arise, and provide thoughtful representation at every stage of the case. We’re grateful this family felt they had a team they could turn to for answers, and we greatly appreciate their recommendation of Barnes & Fersten.

08/17/2026

DUI Blood Draws: Why The Application and Timing of the Prep Matters

Before a blood sample is collected, proper preparation of the skin is an important part of the process. In this video, Brandon explains why using a non-alcohol-based wipe matters and why it’s important to allow enough time for it to properly dry before the blood is drawn.

He also discusses Candida albicans, a type of yeast that can naturally be found on human skin, and how bacteria and other substances on the skin can potentially affect the validity and reliability of a blood sample if the proper procedure isn’t followed.

This is the second video in Brandon’s series on blood draws and blood testing- because the details of proper preparation for the blood sample collection matters.

08/14/2026

A criminal charge can put a college student’s education and future at risk. In this episode, we discuss how a criminal defense attorney can help protect a student’s rights, navigate both the court and college disciplinary processes, evaluate options like diversion or dismissal, and work to minimize the long-term impact on school, career, and professional opportunities.

For a more detailed breakdown on this topic, read our blog: https://knoxcrimdefense.com/how-criminal-charges-can-impact-college-students-in-tennessee/

08/13/2026

Blood Draws: What’s in the Tube—and Why Does It Matter?

When a blood sample is collected in a DUI case, the process doesn’t end with the needle. What happens to that blood draw tube—and how it is handled—can matter when evaluating the reliability of the sample.

In the first video of Brandon’s new series, he explains what’s inside the blood draw tube and how improper handling of that tube can potentially affect the sample and create issues with its reliability.

Over the next several videos, Brandon will take a closer look at blood samples, testing, and some of the issues that can affect their reliability.

There’s a lot more to a blood sample than just the number on the lab report.

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109 S. Northshore Drive, Suite 310
Knoxville, TN
37919

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Tuesday 8am - 5pm
Wednesday 8am - 5pm
Thursday 8am - 5pm
Friday 8am - 5pm

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