Am I Really Guilty of DUI in Tennessee?
Tennessee DUI Laws
When you are arrested for driving drunk in Tennessee, your situation can feel hopeless. Many people fear the worst possible outcome and are rightly concerned for their future.
The important thing to remember, however, is that you are innocent until proven guilty in the United States. An arrest does not always lead to a conviction and with the help of a Nashville DUI lawyer; you can hopefully walk away with your freedom and good name intact.
Innocent Until Proven Guilty
Under Tennessee DUI law, a prosecutor will be assigned to your case after you have been arrested for drunk driving. The prosecutor is a lawyer who works for the government and who handles criminal cases on behalf of the state.
The prosecutor has the burden of proving beyond a reasonable doubt that you are guilty of drunk driving in order to get a conviction. This means the prosecutor must convince the court that it is almost certainly true that you were driving drunk. In addition, the prosecutor must specifically prove all of the elements of the case, or all of the things that the DUI law includes in its definition of drunk/impaired driving.
The Tennessee laws addressing DUI dictate that the prosecutor must prove:
- Your identity
- As a driver
- Of a motor vehicle
- On a public road
- In the state of Tennessee
- Who was in active physical control of the motor vehicle
- While you had a BAC of .08 (within two hours of driving); or while you were under the influence of alcohol, (legal or illegal) drugs or a combination of drugs and alcohol.
The prosecutor will use the evidence against you to try to secure a conviction. This evidence may include law enforcement testimony, photographs and video from the scene of your arrest, any statements that you make about your guilt and information about your blood alcohol content or drugs in your system. The information about your BAC or about drugs in your system can be obtained through a breathalyzer test or a blood test.
Avoiding DUI Conviction in Tennessee
If the prosecutor is not able to prove any element of the DUI charges, then you cannot be convicted under Tennessee DUI law. Therefore, your Nashville DUI lawyer may try a number of tactics to poke holes in the prosecutor's case so that you can be found innocent of the charges.
A Tennessee DUI lawyer can argue that there was something wrong with the evidence, such as a faulty breath test machine or a police officer who was not properly trained. The Tennessee DUI attorney can also argue that your constitutional rights were violated in the collection of the evidence and that it should therefore not be used against you at all.
Contact Nashville DUI attorney Lee Martin
All you need to do is introduce doubt about the prosecutor's allegations in order to avoid a drunk driving conviction. The sooner you contact a Nashville lawyer to help you to start building your case, the better your chances of establishing doubt and avoiding a guilty DUI verdict. Contact the Law Offices of Lee Martin today for counsel and advice.
I help good people restore their lives
-Lee Martin is a Nashville criminal defense lawyer who has gained national recognition as a DUI and criminal defense attorney. With over a decade of experience, he knows how to get results in DUI cases. If you are seeking an experienced DUI defense attorney, use his experiences to your advantage. If you need help with a pending DUI charge, give him a call at 615-345-1988.
National Trial Lawyers Top 100 in the areas of DUI and criminal defense.