What Defenses are Commonly Used in DUI Cases?
Each year, about 1.5 million DUI arrests are made in the United States. In Tennessee, even a first DUI conviction comes with jail time. Subsequent offenses will result in more time behind bars, steeper fines, and a longer license suspension. If you are currently facing DUI allegations, now is the time to speak with our Nashville DUI lawyers.
Unlawful Traffic Stop
A police officer must have reasonable suspicion to pull you over. Reasonable suspicion must be based on facts, such as your violating a traffic law or driving in an erratic or dangerous manner. If there is no reason to suspect that you have broken a law or are about to commit a crime, then you may have experienced an illegal traffic stop. Any evidence that is gathered as a result of the initial traffic stop must be discarded.
Lack of Probable Cause
Although law enforcement must have reasonable suspicion to pull you over, probable cause must exist to make an arrest. A higher standard of proof, the police officer must have reliable information to conclude that you are driving impaired. The probable cause requirement is also required prior to conducting a search or obtaining a warrant.
Although there are times when an officer may search a vehicle without a warrant, these are limited. If evidence was obtained following a search but probable cause was not present, that evidence must be excluded at trial. Moreover, any evidence that was obtained because of the illegally obtained evidence must also be discarded (known as the fruit of the poisonous tree).
Challenging Field Sobriety Tests
A field sobriety test is three-pronged, including a horizontal gaze nystagmus, walk-and-turn, and one-leg stand. Each test is designed to demonstrate different types of impairment. For example, a horizontal gaze nystagmus test requires you to visually track an object moving from side to side. If your eyes “jerk” (known as nystagmus), this may be a sign of neurological impairment.
The walk-and-turn test requires you to walk in a straight-line, toe-to-heel, with an inability to perform the test showing balance and coordination issues. The final test, the one-leg stand test, requires that you keep one leg off the ground while counting. An inability to stay upright points to balance issues, but also difficulties with multitasking.
Field sobriety tests have many flaws. Poor lighting or uneven ground can skew test results, making it appear that you are impaired when you may be completely sober. Also, certain conditions, such as multiple sclerosis or having a stroke, can cause a person to have nystagmus, resulting in failing the HGN test. Individuals with nystagmus often have trouble seeing in the dark, which may cause them to fail other FSTs when administered at night.
Inaccurate Breathalyzer Results
Under the state’s implied consent law, you automatically consent to a breath and/or blood test by having a driver’s license in Tennessee. Law enforcement has the right to request a breath and/or blood sample if they suspect you are driving under the influence of alcohol and/or drugs. Refusal to comply following a lawful arrest may result in license revocation for one year for a first offense.
Breathalyzer results may be inaccurate due to the device being improperly calibrated. Breathalyzers should be calibrated on a strict schedule, with inconsistent or faulty maintenance placing a sober driver’s freedom at stake. Medical conditions are another common cause of inaccurate breathalyzer results. For example, diabetes can cause a false positive reading. Diabetes causes high levels of acetone to be produced, which will be expelled on the breath. The high acetone levels may be mistakenly interpreted as ethanol (the intoxicating agent in alcohol).
Rising BAC
Alcohol is metabolized by the liver, where it takes the body time to absorb the alcohol. The absorption process may take anywhere between 30 to 70 minutes, meaning that your BAC level will only reach its peak after that time has passed. If law enforcement tested you after administering a field sobriety test, our Nashville DUI lawyers may argue that your BAC was higher at this point than when you were actually driving.
Reach Out to Our Nashville DUI Attorneys Today
A DUI can strip you of your freedom, damage your reputation, and ruin future job prospects. If you or someone you love has been accused of a DUI, you need to speak with an experienced DUI lawyer today. At Andrew C. Beasley, PLLC, we are dedicated to defending individuals facing the most severe consequences. To arrange your free consultation, do not hesitate to contact us online or by phone at (615) 846-9889 today.