In Tennessee, a DUI charge carries significant consequences. Suspended driver’s license. High fines and court costs. Mandatory alcohol treatment and classes. Even jail time. Knowing the right ways to challenge a DUI can mean the difference between a conviction and charges dropped. An experienced defense attorney, like the ones at PNC Law, can find the best strategy for your unique situation.
We discuss these challenges and defenses in depth in other articles on our site, but below is a quick rundown of the most common ways to get a DUI charge reduced or dismissed.
Challenge the Stop Itself
In order to stop you, the police officer has to have probable cause that some traffic violation has occurred. Without that, the stop itself is unlawful, and any evidence found during the stop would be inadmissible – including any evidence suggesting you were driving while intoxicated.
Fault the Field Sobriety Tests
While law enforcement is trained in how to spot drunken or otherwise impaired conduct, field sobriety tests are subjective, based largely on the officer’s own perceptions. If there are any questions about the quality of the officer’s assessment, that could be used to challenge a subsequent DUI charge.
Question the Breathalyzer Results
Breathalyzers, like any machine, must be calibrated and up-kept regularly in order to function properly. While you legally must submit to a breathalyzer test if asked to do so, you can later challenge the results if you suspect the breathalyzer used on you was inaccurate. It’s possible there was a malfunction that caused an improper reading.
Dispute the Blood Test Results
Similar to a breathalyzer, blood tests can produce inaccurate results. Some issues, like a medical condition or rising BAC levels (which we touch on more below), can cause a blood test to read wrongly. Likewise, if there were any issues with collection or processing, that could mean the blood was compromised before or during the testing process.
Assert Lack of Probable Cause
As with challenging the stop itself, the officer must have probable cause that you were driving while inebriated to arrest you for a DUI. Without enough evidence pointing to intoxication, you can challenge the arrest and possibly get the charges dropped.
Claim Miranda Rights Violation
When you are arrested, law enforcement is required to read you your Miranda rights – your right to remain silent and your right to an attorney. If they fail to do this or otherwise violate your Miranda rights, it could impact the success of the charges against you. Your attorney will be able to assess the situation and use any possible violations in your favor.
Contest Any Searches
The Fourth Amendment protects you from unreasonable search and seizures. If police searched your person or your vehicle without your consent and without any available justification, any evidence they may have found – like open alcohol containers or drug paraphernalia – could be inadmissible.
Raise Medical Condition Defense
Some medical conditions, like diabetes or GERD (gastroesophageal reflux disease), can affect the results of a breathalyzer or the observations of the police officer conducting the field sobriety tests. If you have one such medical condition or illness, that could prove an effective defense and get the DUI charge dismissed.
Argue Rising BAC Defense
To assert a “Rising BAC” defense, your blood alcohol concentration was below the legal limit of 0.08% when you were operating a motor vehicle, but your BAC had risen to above the legal limit by the time you were tested. If that happens, it could be used to question whether you were truly impaired at the time of the stop.
Negotiate a Plea Bargain
Sometimes, the best strategy is to work with the prosecutor assigned to your case. Depending on the facts of your case and your legal history, your attorney could get the charges reduced to a lesser offense, like reckless driving, in exchange for probation or treatment classes. It’s important to note that any prior convictions, especially prior DUIs, will greatly affect how those negotiations go, so being honest with your attorney is key.
Questions? Contact PNC Law
Picking the best defense or attack against your case can mean the difference between high fines, a suspended license, and even jail time. A skilled litigator can help you decide on the best strategies and get you the best possible result. If you need an advocate to navigate the complex world of DUI charges, contact PNC Law today at (615) 785-2000 or philip@tncriminaldefenseattorney.com.