If for some reason you have failed a field sobriety test or blown over a. 08 on a breath examination in Tennessee, you may be thinking that a DUI charge is unavoidable. This is not always the case. The results of a field sobriety test and even a blood or urine test do not instantly lead to a conviction. The main purpose of the test results is to serve as an evidence that will be presented in court exist at trial but they are not determinant in a DUI case.
There are a number of ways to overcome a DUI charge in Tennessee. Most of them are connected with the mistakes in the procedure following the DUI stop as well as the blood alcohol content (BAC) determination. For instance, if the policeman that stopped you for DUI made a mistake in the police report or various other documents related to your arrest, the whole case against you may be undermined. Such a mistake casts doubt on the reliability of all information collected during the stop. It can likewise be used to decrease the reliability of the police officer.
It is also important to evaluate the certain conditions linked to the administration of the breath, blood, or urine test or the administration of the field sobriety test. These examinations have specific procedures which have to be adhered for the cause to be considered reliable. In some areas, police officers should be certified and specially educated to administer a breath test. Without appropriate training or if an error was made in the test administration, all collected results can be challenged in court.
In addition, the preliminary reason for the policeman stopping you could have serious effects for how your DUI trial will certainly proceed. A policeman must have a probable cause for stopping you as well as providing a field sobriety examination or breath examination. Were you driving unpredictably? Swerving? Moving in and out of lane lines? These could be reasons to validate potential cause, but they can likewise be tested. For example, some of these driving patterns can be explained by poor weather condition. If there are irrefutable proofs which can convince the court, the judge will find that there was no reason for the stop. As a result, evidence surrounding the stop and possible after the stop may be suppressed which means it would be inadmissible at trial. That also applies to the police officer’s failure to read you your Miranda rights.
A Tennessee DUI charge is a severe issue and, though it is possible to efficiently overcome the DUI charge, it takes an experienced and detail-oriented Tennessee lawyer to find the weak points in the State’s DUI case. At McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys understand that beating a DUI charge requires taking into account every single detail. We have an extensive understanding of DUI law as well as criminal procedure to fight for our customers. If you have been charged with a DUI in Tennessee, do not quit yet. Get in touch with the professional attorneys at McKoon, Williams, Atchley & Stanley, PLLC today online, or call (423) 756-6400 to set up a free appointment.