Despite following the law most of the time, we all slip up at some time. Tennessee residents are not exempt from making mistakes, but these mistakes do not need to greatly impact our life. One such crime a person may be facing in Tennessee is a DUI. But there are several defense strategies that can be used in a DUI case.
The penalties for a person who is facing a DUI conviction can be serious. There can be thousands of dollars in fines along with license suspension, jail time and a ruined reputation.
Possible defenses
There are several defense strategies that may be used to defend a person facing a DUI:
- The traffic stop was not legal. A law enforcement officer can’t pull over a person without a reason. A DUI defense may include an argument that the officer did not have a reason to pull over the driver.
- The officer did not have probable cause to arrest the defendant. There may not have been enough evidence present to arrest a person for drunk driving.
- The breathalyzer machine may not be accurate. There are certain brands of breathalyzer machines that have proven to not be accurate. A breathalyzer needs to be maintained regularly. The device also needs accuracy checks and instrument calibration to be completed regularly.
- Acid reflux. Many people suffer from acid reflux and GERD. If a person burgs or throws up before a breathalyzer is administered, it can lead to an increase of alcohol in their mouth.
- Not certified person administering breathalyzer. A person operating a breathalyzer needs to be certified.
What if you are accused of DUI
Unfortunately, a DUI is aggressively prosecuted in Tennessee and can lead to serious penalties for those defendants who are convicted. If a person has been arrested for a DUI, they may want to speak with an attorney who specializes in criminal defense. An attorney understands there is a lot at stake for their client and will aggressively defend their legal rights.