How Can I Get Out of a DUI in Knoxville?

 Posted on February 23,2022 in DUI/DWI/BUI

Drunk driving is punishable by significant penalties. Even a first-time conviction for driving under the influence (DUI) results in a 48-hour mandatory jail sentence, heavy fines, and a one-year license suspension. Second and subsequent DUI convictions are punished even more harshly.

If you or a loved one were charged with drunk driving, contact a DUI defense lawyer for help. Your attorney can evaluate the circumstances of the alleged offense, help you gather evidence, and explore your legal options. Your attorney can also represent you in any legal proceedings resulting from the charges.

Defense Strategies for DUI Charges in Tennessee

Fortunately, being charged with a criminal offense like drunk driving does not mean that the defendant will automatically face penalties for the alleged offense. All criminal defendants are innocent until proven guilty. In a DUI case, the prosecution must prove that the defendant was driving while intoxicated beyond a reasonable doubt. A skilled lawyer may cast doubt on a DUI defendant’s guilt by questioning the validity of the evidence against the defendant.

For example, the lawyer may challenge the veracity of:

• Field sobriety tests – Walk and turn tests, standing on one leg, and other field sobriety tests are used to test a driver for intoxication. These tests are often used as probable cause for a DUI arrest. However, medical conditions, obesity, and prescription medications can cause a person to fail these tests even if he or she is completely sober. The National Highway Safety Traffic Administration (NHTSA)’s manual on field sobriety tests states that these tests are only accurate between 65 – 88 percent of the time.
• Breathalyzer results – Breath tests at the accident scene and police station may be flawed. For example, if a breath testing device was not recently calibrated and properly maintained, it may yield inaccurate results. Incorrect administration of the test can also lead to erroneous results.
• Blood test results – Alcohol blood test results are harder to disprove than breath test results but there is still a chance that blood test results may be incorrect. Not following the correct procedure for obtaining and storing the blood sample, misinterpreting the results of the test, and other issues can make blood test results invalid.  
• Probable cause for the traffic stop and/or DUI arrest – Police must have probable cause or reasonable suspicion of illegal activity to pull someone over for a traffic stop. Probable cause is also needed to arrest someone for suspected drunk driving. If there was not probable cause to justify the initial traffic stop or DUI arrest, the charges could potentially be dropped.

Contact a Knox County DUI Defense Lawyer

If you or a loved one were charged with drunk driving, contact Jeffrey Coller, Knoxville Criminal Defense Lawyer for help. Call 865-281-1000 for a free consultation.

Source:

https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf