Imagine this. You get pulled over by Tennessee police who then ask you if you’ve been drinking. You haven’t been drinking, so you truthfully say, “no.” The officer doesn’t believe you and asks you if you’d be willing to submit to field sobriety tests. What follows is something out of a bad cops and robbers movie. You assert your innocence all the while being asked to walk along a straight line. The officer looks into your eyes and asks you to track an object. After taking these tests, you expect to be told that you’re free to go, but this is not the answer you get. The officer informs you that you are under arrest for a DUI. You’re informed you that you are now required to submit to a chemical DUI test. You are so angry, that you refuse. As a result, the officer suspends your license and informs you that this refusal will be used against you in court.
While the above scenario is rare, it is not outside the realm of possibility. Not every person charged with a DUI in Tennessee is guilty. Officers can make mistakes when determining probable cause. Evidence can be improperly gathered and handled. Individuals are innocent until proven guilty, and officers are required to follow proper arrest procedure before taking away a person’s freedom.
If you’re facing a charge of a DUI, criminal defense lawyer Sam Muldavin in Ripley Tennessee may be able to assist you. There are several ways that a DUI can be fought in court.
According to the Tennessee Traffic Safety Resource Service, individuals who are suspected of driving while under the influence of alcohol are required by law to submit to tests to determine the blood alcohol content. Refusal to take these tests can result in license suspension. Refusal to take the tests can also be used against you as evidence in court. However, there are many ways to explain refusal to take these tests. In some cases, these tests may not always be accurate or may be improperly administered. A DUI criminal defense lawyer in Tennessee can review all evidence being used against you and help you build the strongest case possible under the law.
Furthermore, if you have been asked to submit to field sobriety tests, it is important to understand that these tests have been known to produce many “false positives.” This means that while there is some correlation between failing these tests and being guilty of drinking and driving, failure of these tests does not necessarily mean that a person was, in fact, drinking and driving. There have been countless studies performed on these tests, with the tests getting some mixed results. According to Applied Personnel Research, the nystagmus test (or the test where the officer determines your ability to track a moving object), has only a .67 positive correlation with the suspect having a DUI. While this suggests that the person may have been drinking and driving, this test does not automatically prove that the person was driving with a DUI.
Your DUI criminal defense lawyer will likely review all details of your arrest—from why you were stopped in the first place—to the way you were treated after your stop. Small things can make a big difference. For instance, if you weren’t read your Miranda rights, the case may be dropped. It can be difficult to fight a DUI charge on your own. A good lawyer can protect your rights and help you build the strongest possible defense. Visit Muldavin Law Firm PLC at www.muldavinlawfirmtn.com or call 901-864-1896.