If you have been arrested and charged with driving under the influence, or DUI, in Tennessee you are likely concerned about the outcome of the case. The arresting officer and maybe even the prosecutor may have you believing that you are already convicted, that there is no way to get out of a conviction. This is simply not true. Although every case is unique, there are actually several types of defense options commonly used in DUI cases, including:
- Challenging the initial stop – despite popular belief an officer is required to have a reason for stopping you in the first place. If there was none, the entire stop could be questioned.
- Breath test accuracy – breath test machines are not perfect even when they are perfectly maintained and operated. The test results of a machine that was not properly calibrated, however, can be significantly off what the true breath alcohol content of the test subject was at the time of the test.
- Breath test administration – specific procedures must be followed when a suspect is given a breath test, including the timing of the test. If the procedures were not followed, something that occurs far more often than people realize, the test results could be ruled inadmissible and/or inaccurate.
- Rising alcohol defense – if you consumed alcohol just before driving your breath test results could be skewed because of the way alcohol metabolizes in your system. Your BAC at the time you were actually driving may have been significantly lower.
- Officer’s testimony – the average patrol officer stops hundreds of vehicles each month, many of those on suspicion of DUI. The more time that passes the less likely it is that the officer will even remember your stop. That can work in your favor if the officer testifies at your trial.
- Dragging your feet – deputy prosecuting attorneys have huge caseloads. Law enforcement officers resign, get promoted, or transfer to another department. Sometimes, just waiting it out can result in a much better plea agreement offer or even a full victory and dismissal/acquittal.
The only way to find out if any of these defenses will work in your case is to consult with an experienced Tennessee criminal defense attorney right away; however, in the meantime do not assume that a conviction is foregone. Consult with the experienced Tennessee criminal defense attorneys at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your free consultation.