Knoxville, TN- Facing a simple or aggravated DUI charge in Tennessee means you are headed for some serious legal headaches that can persist for years to come. Your first and biggest challenge is presenting an effective defense so you avoid conviction or you are able to negotiate for a plea bargain. Here we will discuss three to of the top defenses a lawyer will employ in your case.
Questioning the stop itself
It’s in the interest of public safety to keep drunken drivers off of the road and the primary way police do that is through traffic stops. But not all of these stops are followed to the letter of the law. The U.S. Constitution gives every citizen protections for unreasonable searches and seizures. That means police are not allowed to pull a motorist over to simply find out if they are intoxicated, they must observe you violating a traffic law.
When you retain a DUI attorney in Tennessee, one of the first things they will examine is your traffic stop. They will question if an officer had probable cause to pull you over? They will question if you actually violated traffic laws and make certain the arresting officer respected your rights during your arrest. If an officer didn’t have the necessary probable cause or violated your rights, your defense lawyer may be able to have your charges dismissed.
Challenging Field Sobriety Tests
When you’ve been stopped for suspension of impaired driving, a police officer will ask you to participate in field sobriety tests which examine a suspect’s coordination and balance. If you perform poorly on field sobriety tests, police can ask you to submit to further testing and you can be arrested for DUI. But these tests aren’t fool-proof and there are individuals who fail field sobriety tests, primarily because they have a medical condition, suffer from a back injury or leg injury. Even a person wearing the wrong shoes can fail a field sobriety test. Also, nervousness or anxiety can give an officer the impression you are intoxicated and you could be wrongfully arrested.
Challenging breathalyzer test results
If you failed field sobriety tests, the arresting officer is going to ask you to submit to a breathalyzer or a chemical test. You can refuse these tests, but there are risks of refusal which you should become familiar with before decided to say “No.”
Breathalyzers are considered scientifically accurate, but the machines are sensitive can give false readings. If the breathalyzer equipment is not regularly maintained or correctly calibrated, the readings can be inaccurate and a person can be wrongfully charged with a DUI. A local attorney will be aware or can find out if there are mechanical or software issues with the breathalyzer used in the jurisdiction where you were arrested.
When you have been charged with a DUI, USAttorneys can locate an attorney in Tennessee to assist you with your case. After a case evaluation, they will work with you to create a defense strategy. Backed by a DUI lawyer expertise, you have a better chance of avoiding conviction.