Kingston DUI Defense Lawyer
DUI and BUI Attorney Serving Clients in Kingston, TN
One of the most common charges that the Kingston, TN attorneys at our law firm defend against is driving under the influence (DUI). Getting arrested for a DUI can happen to anyone, no matter their age, gender, profession, education, or socioeconomic background. A driver with no criminal history is just as likely to be arrested for DUI as a driver with a criminal record.
One thing that all of these drivers have in common is that they all need zealous legal representation to fight these charges. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we have been advocating for clients facing DUI convictions for more than a decade, and we understand just how stressful and frightening these situations are.
Understanding Who DUI Defendants Are
Tennessee has been ranked the 12th worst state in the country for drunk driving. Almost 30 percent of all traffic fatalities are caused by drivers who have a blood alcohol concentration (BAC) over the state's legal limit of 0.08 percent. These high numbers are why Tennessee law enforcement is so aggressive when it comes to DUI arrests. There are more than 18,000 drivers charged with DUI in the state each year.
Younger drivers, those between the ages of 21 and 34, are arrested for DUI more frequently than older drivers. It is estimated that about 40 percent of all those arrested for DUI in Tennessee fall in that age group.
State data also shows that more men are charged with DUI than women. Almost two-thirds of all people arrested each year are men. This data also reveals that approximately 15 percent of all DUI arrests have prior DUI convictions.
At Jeffrey Coller, Knoxville Criminal Defense Attorney, we know that driving under the influence of any substance can put the driver and others in danger. However, we also know that many of the DUI arrests that occur often involve some type of violation of the driver's rights and evidence that should be ruled inadmissible. The following are just some of the ways that our Kingston DUI defense attorneys have successfully fought against our clients' charges:
Traffic Stop Challenge
A police officer must have probable cause to pull a driver over. If there is no evidence of probable cause for stopping you, any evidence gained from that stop could be thrown out, and charges against you could possibly be dismissed.
Faulty Breathalyzer Reading
After a DUI arrest, a driver's blood alcohol content (BAC) is typically measured using a breathalyzer device. However, the results are often questionable due to issues such as the calibration and maintenance of the device used or the experience and training of the officer conducting the test. If any other chemical testing was done to acquire your BAC, there may be questions about whether proper protocols were followed in the collection, transportation, storage, and testing of the samples used. Our skilled Kingston, TN DUI defense attorneys know what evidence to look for to determine if any BAC testing results should be thrown out as evidence against you.
Violation of Rights During Arrest
The U.S. Constitution guarantees certain rights under the law, including the right against unlawful search and seizure (Fourth Amendment). If the police conducted a search of your vehicle without your permission and found evidence being used against you (e.g., marijuana or an open container of alcohol), the court could throw out this evidence under certain circumstances.
Under the Fifth Amendment, you also have the right to remain silent. When the officer placed you under arrest, he or she should have read you the Miranda warning advising you of this right and your right to an attorney. If the officer failed to do so, that is a violation. If you asked for an attorney but the police continued to question you anyway, or they refused to let you make a phone call for one, that is also a violation of the Fifth Amendment.
Contact Our Kingston DUI Defense Attorneys
If you have been charged with DUI, you are facing a mandatory loss of license, hefty fines, mandatory substance abuse treatment program participation, and a required interlock ignition device (IID) when your driving privileges are restored – just for a first-time DUI conviction. If you are facing a second or subsequent DUI conviction, the penalties are even more stringent. A Kingston, TN DUI defense lawyer from our firm will work diligently to defend you and obtain the most favorable outcome available based upon the circumstances of your case.
Jeffrey Coller, Knoxville Criminal Defense Attorney also helps clients who have been charged with boating under the influence (BUI), CDL DUI, and underage DWI. Contact us at 865-281-1000 to schedule a free and confidential consultation to learn how our firm can help.