Examples of Common DUI Defenses
A DUI arrest under Tennessee law can have serious consequences if you are convicted. You could lose your right to drive, be assessed with large fines and even spend time in jail if you are found guilty of driving drunk.
Fortunately, an arrest does not necessarily result in a conviction. There are many ways to fight against your charges, and the sooner you contact a Nashville DUI attorney, the better your chances of successfully avoiding conviction.
Defenses to a Tennessee DUI Charge
In order to get a conviction, the prosecutor has the burden of proving that you were breaking Tennessee DUI laws. This means that you do not have to prove that you were innocent of the drunken driving charges. You only have to prevent the prosecutor from proving his case. This can often be done by keeping evidence out of court or by pointing out problems with the prosecutor's evidence.
DUI lawyer Lee Martin has used many successful defenses to help keep his Tennessee clients out of jail or get DUI charges dropped entirely. Common Tennessee DUI defenses include:
- An absence of probable cause. Police cannot just pull you over and make you submit to a breath test. Pulling you over without probably cause is a violation of your constitutional rights against search and seizure found in the Fourth Amendment. If police pulled you over or required you to have your BAC tested without probable cause, any evidence they collected can be kept out of court and not used against you.
- Problems with the field sobriety test. Field sobriety tests, which are tests such as walking in a straight line, are notoriously unreliable and can be called into question when you've been accused of a DUI.
- Inaccurate breath test. There are many arguments to be made for why a breath test was not accurate. The officer who performed it may not have been properly trained or may not have observed you for 20 minutes before giving the test. The machine may also have been improperly calibrated or radio frequency may have interfered with its accuracy.
- The chain of evidence was broken. When you give a blood test, police must handle it very carefully to make sure that they know where it is at all times, and that it is not tampered with. The path that the blood test takes is called the chain of custody. If there is any break in protocol – any situation where there is no documentation for where the test results are located – then the evidence can be considered faulty and kept out of court.
These are just a few of the many possible defenses available under Tennessee DUI law when you have been arrested for driving while intoxicated.
Contact Nashville DUI attorney Lee Martin
Nashville DUI attorney Lee Martin will review your case and help you to determine what defenses are available. The sooner you get legal help from a Nashville lawyer who represents DUI clients, the better your chances of successfully defending yourself against criminal charges.
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.