Even for a first time offender, the penalties for a DUI (driving under the influence) conviction can be very serious. If you want to fight the charge, you should understand all of the defenses that may be available to you.
In a DUI case, the prosecution must prove two main things: 1) the person being charged (the “defendant”) drove or was in physical control of any automobile or other motor driven vehicle on a road, highway, or any other location which is generally frequented by the public at large; and 2) at the same time, the defendant was “under the influence” ‑‑ meaning that the person’s ability to drive safely was affected to an appreciable degree by drinking alcohol, taking a drug, or a combination of alcohol and drugs, or had an alcohol concentration in the person’s blood or breath is eight‑hundredths of one percent (0.08%) or more; or a had blood alcohol concentration of four‑hundredths of one percent (0.04%) and the vehicle is a commercial motor vehicle .
In a DUI case, a vigorous defense can establish that the prosecution did not prove any of the two elements. Some elements of such a defense include: preventing the prosecution from introducing certain evidence at trial, proving that the test itself (either the field sobriety test or the BAC test) was wrong, proving that the defendant was not driving or in control of the vehicle, showing that the police officer did not have legal justification to stop your vehicle and/or arrest you in the first place, showing that the officer failed to follow proper legal procedures during the arrest, lack of probable cause to stop your vehicle, failure to give a Miranda warning (which could result in the exclusion of anything that you said at trial), vigorous cross-examination of the arresting officer, and introducing your witnesses who can impeach the testimony of the police.
A common companion charge to DUI is violation of the implied consent law. In Tennessee, a driver of a motor vehicle is deemed to have given consent to a test or tests for the purpose of determining the alcoholic content of that person’s blood or the drug content of the person’s blood.
The refusal to allow said test can result in the suspension of your driver’s license or imposition of the requirement that you to operate only a motor vehicle equipped with a functioning ignition interlock device.
If you are charged with refusal to submit to the test, then you may have a defense against the charge. Elements of such a defense include the following: the officer failed to provide you with specific and necessary warning and information about the test, or the law enforcement officer did not have reasonable grounds to believe you were driving while under the influence. If you have been charged with driving under the influence, you a Nashville Criminal Defense Lawyer to protect your rights and explore all possible options for attacking the charge and preserving your record.