How To Build a Defense Against DUI Charges
Facing DUI charges can be incredibly daunting, especially considering the severe consequences that come with a conviction. Whether you are a first-time offender, a legal professional, or a safety advocate, understanding how to build a solid defense against DUI charges is crucial.
Understanding the Consequences of a DUI Conviction
The penalties for a DUI conviction are severe and escalate with each subsequent offense:
- First Offense:
- Mandatory 48 hours to 7 days in jail
- One-year driver’s license suspension
- Probation with conditions
- Second Offense:
- Minimum mandatory 45 days in jail
- Two-year driver’s license suspension
- Probation with classes and other conditions
- Third Offense:
- Minimum mandatory 120 days in jail
- Six-year driver’s license revocation
- Probation with classes and other conditions
- Fourth or Subsequent Offense (Felony):
- Minimum mandatory 150 days in jail
- Eight-year driver’s license revocation
- Minimum $3,000 fine
- Probation with many other classes and conditions
Additionally, if your blood alcohol content (BAC) was above 0.20 when you were pulled over, you could face enhanced penalties. In Tennessee, a BAC over 0.08 constitutes a DUI per se charge, a strict liability crime. Refusing a breath test can result in a charge under implied consent laws and a one-year driver’s license suspension.
Given these harsh penalties, having a strong defense strategy for DUI charges is essential. You can hear more from Attorney Andrew Beasley in this informational video. Click here to watch!
Key Steps to Building a Defense Against DUI Charges
1. Understand DUI Laws
Familiarize yourself with the DUI laws, including BAC limits and law enforcement sobriety testing procedures. This knowledge is crucial for identifying weaknesses in the prosecution’s case.
2. Examine Law Enforcement Sobriety Testing
Investigate the conduct of the arresting officer, the accuracy of field sobriety tests, and any potential errors. Review police reports, witness lists, and available camera footage to identify inconsistencies and weaknesses in the prosecution’s case.
3. Challenge the Prosecution’s Evidence
Remember that the prosecution’s evidence is not always foolproof. A skilled defense attorney can help you challenge the evidence, argue that there was a lack of probable cause, and attack the legality of the traffic stop or arrest.
4. Pursue Charge Reductions
In some situations, your attorney can negotiate a plea for a reduction in charges, from DUI to reckless endangerment or reckless driving. This approach can significantly mitigate the penalties you face.
5. Utilize Expert Witnesses
Expert witnesses, such as toxicologists, accident reconstruction specialists, and medical impairment experts, can provide objective and compelling testimony to challenge the DUI charges. Their knowledge and experience can be invaluable in strengthening your defense.
6. Consult with an Experienced DUI Defense Attorney
Crafting the perfect legal defense strategy requires preparation, investigation, and expertise. Consult with an experienced DUI defense attorney who can guide you through the complexities of the legal system and work towards the best possible outcome for your case.
Conclusion
Building a strong defense against DUI charges is vital for mitigating the severe consequences of a conviction. If you or someone you know has been charged with a DUI, it is crucial to consult with an experienced DUI defense attorney who can help you navigate the legal system.
Andrew Beasley is your Tennessee criminal defense lawyer. We offer free consultations to discuss your situation and explore your defense options. Contact my office today to schedule your consultation and take the first step towards protecting your future.
Discuss Your DUI Charges with an Experienced DUI Lawyer in Nashville, TN
Getting arrested and charged with DUI can be very frightening and stressful, whether it is your first or subsequent arrest. However, our DUI lawyer in Nashville, TN, can help you sort out your situation and preserve your freedom and legal rights. Get in touch with Andrew C. Beasley, PLLC, by phone at 615-846-9889 or send us a message online to schedule your free case evaluation with our Nashville, TN, DUI lawyer.