Can You Beat a DUI Charge in Tennessee?
Can You Beat a DUI?
If you find yourself facing a DUI charge, all hope is not lost
According to the Tennessee Department of Safety & Homeland Security, Tennessee Highway Patrol arrested 8,420 in 2014 for Driving Under the Influence. Tennessee takes drunk driving very seriously. For the 1st offense alone, you could be looking at a misdemeanor conviction resulting in a $350-$1,500 fine, 48 hours – 11 months and 29 days of jail time, driver’s license suspended for 1 year, and a day of community service picking up trash along the state highway wearing an orange-colored vest stating, “I AM A DRUNK DRIVER.” If you are facing a DUI charge, you need an experienced Tennessee DUI attorney.
I failed the Breathalyzer test. Will I automatically be found guilty of a DUI?
If you have been pulled over for driving under the influence and failed the Breathalyzer test, it does not necessarily mean that you will be found guilty of DUI. While field sobriety tests, Breathalyzer tests, and blood tests are evidence of driving under the influence, none of these tests are infallible. The actions of the investigating officer may also impact whether or not you are convicted of a DUI. If you fail a Breathalyzer test, blood test, or field sobriety test, you may still be able to successfully fight a DUI charge by citing the following:
- The officer stopped you without probably cause. This goes to the legality of the stop and could help get evidence suppressed from being used in the case against you.
- The arresting officer made a significant error in their police report or other arrest documentation.
- The officer did not have the necessary certification and training to administer the Breathalyzer test.
- The arresting officer made a mistake in administering the Breathalyzer or field sobriety test.
- The DUI checkpoint arrest was illegal.
- The officer failed to read you your Miranda Rights.
- Police misconduct, such as racial profiling, occurred.
- If a blood test was also conducted, you can always challenge those results as well.
You may also be able to undermine the reliability of the investigating officer. If the police officer has had disciplinary actions taken against them, this could challenge their credibility. Another potential avenue to shed doubt on the validity of your arrest could be the weather. Were you swerving due to ice on the road? If your driving actions were normal under the circumstances, you can potentially challenge the legitimacy of the arrest.
Mounting a successful DUI defense is a complicated matter. Attention to detail and a thorough command of the law is necessary. The Tennessee DUI defense attorneys at Kidwell, South, Beasley & Haley are highly proficient in DUI defense and are prepared to fight your DUI charge and protect your license and your freedom. Contact us today online, or call 615-893-1331 to schedule a free consultation.