DUI defense attorney

Top 6 Tennessee DUI Defenses

Published On - October 30, 2024

Stan Bennett DUI

If you were recently arrested and charged with driving under the influence (DUI) in Tennessee, it is crucial to understand that the repercussions of a conviction could be serious, including jail time, hefty fines, and the loss of driving privileges. The good news is that you have not yet been convicted and an experienced DUI defense attorney may be able to employ a winning defense strategy that prevents you from being convicted. Although eachDUI defense attorney case is unique, a Murfreesboro DUI defense attorney at Bennett & Michael explains six commonly used DUI defenses. 

  • Challenging the Traffic Stop: Contrary to popular belief, a law enforcement officer (LEO) cannot conduct a traffic stop just for fun. On the contrary, Tennessee law requires that a LEO have “reasonable suspicion” to pull a driver over. This means the officer must have observed specific and articulable facts suggesting the driver was breaking the law. Unfortunately, something as simple as speeding, switching lanes without signaling, or even a broken license plate light can provide the necessary “reasonable suspicion,” but if the officer cannot point to a valid legal reason for the initial traffic stop then any evidence gathered after the stop may be inadmissible in court.
  • Questioning Probable Cause: Once the original reason for the stop has been addressed (writing a ticket for speeding, for example), the officer must let the driver go unless the officer has probable cause to continue to detain the driver. An LEO must further develop sufficient probable cause to arrest the driver for DUI. Probable cause requires the officer to have enough evidence to reasonably believe that you were driving under the influence. Field sobriety tests (FST), such as the walk-and-turn or one-leg-stand tests, are commonly used to develop the necessary probable cause for an arrest. You are not legally required to perform FSTs. If you do submit to the tests, your attorney may argue that things such as poor lighting, uneven pavement, medical conditions, or even fatigue and anxiety affected your performance.
  • Disputing Breathalyzer Results: If you are arrested, you will likely be asked to submit to a chemical breath test which measures your blood alcohol concentration (BAC). While you can refuse this test, doing so will result in the immediate suspension of your driving privileges. If your test result shows that your BAC was above the legal limit (0.08%), your attorney may argue that things such as improper or failed calibration, software malfunctions, and human error during the administration of the test make the results unreliable.
  • Rising Blood Alcohol Defense: When you consume alcohol, your BAC continues to rise for some time after you stop drinking because of how the human body absorbs alcohol. Consequently, your BAC level could have been significantly higher at the time you performed the breath test than it was when you were operating a vehicle. Known as “rising blood alcohol” defense, it can be a winning defense if your attorney can prove that you consumed alcohol right before driving and there was a sufficient delay between then and the time you performed the breath test.
  • Medical Conditions That Explain Signs of Impairment: Certain medical conditions and medications can produce symptoms that make it appear as though you are impaired. Hypoglycemia, diabetes, and neurological disorders, for example, can cause slurred speech, drowsiness, and lack of coordination while several medications can cause drowsiness or dizziness, all of which can be misinterpreted as signs of impaired.
  • Violation of Your Rights: In our judicial system, evidence obtained in violation of your constitutional rights cannot be used against you in court. For example, evidence seized during an illegal search may be excluded from trial or if an officer fails to read you your Miranda rights before interrogating you while you are in custody, anything you say during that questioning may be inadmissible. Likewise, if you ask for any attorney after being arrested, and the officer continues to question you without providing you with an attorney, anything you say may be excluded because the officer violated your constitutional right to an attorney.

Contact a Murfreesboro DUI Defense Attorney 

If you have been charged with driving under the influence (DUI), consult with an experienced Murfreesboro DUI defense attorney at Bennett & Michael as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your appointment.

 

Stan Bennett
Latest posts by Stan Bennett (see all)