DUI defenses in Nashville help in reducing the potential damages to your life and future. If you have ever been charged and arrested for DUI, you should know that this is a serious offense. The consequences can include jail time, loss of license, and mandatory fines. Due to drunk driving, 28 people die in the USA each day. This is about one person every 52 minutes.
You can defeat or mitigate DUI charges through some affirmative defenses. These are rarely applicable. They prove that the defendant is not culpable even if it’s proven that they committed the alleged act. Affirmative defenses include necessity, self-defense, insanity, and entrapment.
Every case requires a personalized approach according to the circumstances as court proceedings are stressful and complicated.
Successful DUI Defenses in Nashville:
Here are the common defenses in a DUI case:
Police Stopping You Unlawfully:
DUI defenses in Nashville are based on reasoning. To stop you, the police need a reason. If the police have a reasonable suspicion that the driver is under influence or they witness a traffic violation only then they can ask you to pull over. Police may have a suspicion if you are:
- Changing lanes too abruptly
- Driving without headlights
- Responding too slowly to traffic signals
- Failing to turn
Police can ask you to pull over for a routine traffic violation. Having a broken tail light is a well-known example. While telling the driver that they need to repair the light the officer will detect the presence of alcohol. The driver’s behavior may be suspicious.
Based on the observations, police may arrest you for DUI. If the driver fails a chemical test or field sobriety test or if the police decide that the driver is intoxicated, then a DUI arrest occurs.
An experienced attorney can challenge an arrest in the court by arguing the police stop was unlawful. Commonly, the police stop a driver late at night or a driver that left a bar or a nightclub. These are not lawful reasons to stop a driver.
Improper Chemical Testing:
It has been found that the office of alcohol testing withheld testing data from defense attorneys. This data was related to the calibration and reliability of the Breathalyzer machines. These machines are sensitive and require proper maintenance and calibration for reliable and accurate results. External factors and improper handling can also impact the results.
If the driver is found to be just above the 0.08% BAC limit then the reliability of the test is significant. A defense attorney can have the Breathalyzer evidence excluded if the machine was handled or maintained improperly.
You have the right to remain under silence in police interrogation and get an attorney under the Fifth Amendment of the U.S. Constitution. Before you are subject to custodial interrogation, the police must afford you the Miranda warnings.
For Miranda purposes, you do not necessarily have to be under arrest to be considered in custody. Several police actions can mean that Miranda rights apply. The standard is associated with whether a person would feel as they were not free to leave.
Before the police read you your rights and arrest you, they are allowed to perform field sobriety tests and ask exploratory questions. You don’t have to answer incriminating questions; yet you are required to cooperate with the police when they stop you. It is better to ask for an attorney. If the police arrest you and fail to read your rights, this can be helpful for your DUI defense.
Improper Field Sobriety Testing:
Police should follow protocols for conducting a field sobriety test. If those protocols are compromised, your attorney can discredit the reliability and validity of the test. Your attorney can also argue that the test is not an accurate measure to check a person’s sobriety.
Violations of Evidence:
There are strict rules for how the police can obtain, handle, and store evidence. If the prosecution brings irrelevant character evidence, your defense attorney can challenge them in court. Recorded evidence should also be authentic to present in the court.
Speak to Our Experienced Attorney:
Dealing with DUI defenses in Nashville is a daunting task, but DUI cases are defensible. Our experienced DUI defense attorney can help you in identifying the key issues in your case to determine the best DUI defense available for you. For DUI defenses, you can challenge the integrity of evidence, observations of the officer, and the legality of the arrest. Speak to us to build a strong defense for your case.