Are There Any Defenses Available to Challenge DUI Charges in Nashville, Such as Improper Police Procedures or Faulty Breathalyzer Tests?

DUI charges should be taken seriously, with a conviction resulting in imprisonment, fines, and license suspension. Even a first-time offense can result in loss of driving privileges, making it a necessity that you find experienced counsel. Simply being charged with a DUI does not automatically make you guilty. Although police procedures and DUI testing are far from perfect, demonstrating any weaknesses in the prosecution’s case requires that you provide ample evidence.

At Andrew C. Beasley, PLLC, our Nashville DUI lawyers utilize available defenses to develop effective strategies for fighting DUI charges. If you have recently been accused of driving under the influence, our legal team is ready to provide the support you need.

Common DUI Defenses

Based on the circumstances of your case, there may be certain defenses that will negate or reduce your liability:

Unlawful Stop

To legally pull you over for a DUI, there must be obvious signs that you are driving impaired. In a DUI case, this would include swerving, erratic braking, inability to drive in a straight line, driving without headlights, and ignoring traffic signals. If you are demonstrating any of these signs, then a police officer will likely have reasonable suspicion to pull you over. Alternatively, if you are not exhibiting any signs of impairment, then the officer may not have the right to stop you.

Failure to Read Miranda Rights

If law enforcement plans to detain a driver for questioning, then the individual must be read Miranda rights. Miranda rights inform individuals in custody of key constitutional rights, including the right to remain silent, that any testimony provided can be used against them in a court of law, and that they have the right to an attorney.

While Miranda rights are not read in all DUI cases, if the police officer plans on questioning you later on, they are required to inform you of your rights. If you were questioned by the authorities without being read your rights, you need to inform a DUI lawyer immediately.

Challenging Breathalyzer Test Results

To make a legal arrest, law enforcement must establish probable cause. Police officers often resort to field sobriety testing and breath tests to prove that a driver is likely impaired. However, the accuracy of breathalyzer results is usually challenged by DUI defense attorneys, typically not being allowed in court. Various medical conditions can result in a false positive breath test. For instance, a person with diabetes may have high blood sugar levels (known as ketoacidosis), which can cause a breathalyzer device to interpret this as an elevated blood alcohol level.

Under Tennessee law, you are required to consent to a breath or blood test if you are pulled over under suspicion of DUI. If you refuse to test, you will automatically have your license suspended for one year for a first DUI offense. Thankfully, our Nashville DUI lawyers will know what evidence to provide to challenge the inaccuracy of any DUI test results. Given the gravity of what is at stake, our defense attorneys are prepared to pursue every avenue to protect your freedom.

Accused of Drunk Driving? Contact Our Nashville DUI Attorneys Today

If you have been accused of inebriated driving, our Nashville DUI lawyers would like to speak with you. At Andrew C. Beasley, PLLC, our legal team is available 24/7 to assist in your matter. If you are ready for a fresh start, you can rely on our zeal, passion, and skills to help you achieve the best possible outcome. To schedule your free consultation, contact us online or give us a call today.