Generally, you are not allowed to drive under the influence of alcohol or drugs in Tennessee. Other than risking an accident, there is the worry of facing a heavy sentence when convicted. For example, you can be barred from traveling to some countries or keeping your job when convicted. You can also lose your driving license and auto insurance privileges. So, you shouldn’t make the mistake of pleading guilty without a fight. Speaking of a fight, you need to understand the DUI laws and use them to your advantage.
As a guide, here are six ways to beat a Tennessee DUI charge this year:
1. Challenge the Legality of the Stop
The police need reasonable grounds to stop you. It may be a case of speeding or driving out of your lane. If the reason for the stop is not reasonable, then you can challenge it. The officer is also expected to ask you to come out of the car so that you can undergo the sobriety test. If the arrest was made without the test, then it’s illegal. Furthermore, the officer is supposed to let you know your rights (popularly known as the Miranda Rights) before making the arrest. If this didn’t happen, then the arrest was not properly conducted.
2. Challenge the Reliability of the Sobriety Test
Just because the officer says you were not sober at the time of the arrest doesn’t mean that you must concede. You can still challenge the observation with reasonable arguments. For example, the officers are supposed to follow a specific procedure to administer the Blood Alcohol Content (or BAC) test. If the way they did it didn’t look legal, then you can dispute it in court. You can also argue that:
- The BAC equipment was not well maintained
- The equipment was not well calibrated
The above reasons are credible when it comes to arguing that the BAC results were unreliable. You also need to confirm if the officer who administered the BAC test is certified to perform the test. If not, then you have a case to argue.
3. Argue the Circumstance that Led to the Stop
Sometimes, the officer may have had a justifiable reason for stopping you, but it may not be related to DUI. For instance, you may have appeared as if you were driving recklessly because the condition of the road was poor, more so if the weather was bad. You can argue that this was the only justifiable reason you were stopped and not because you were drunk driving.
4. Collect Relevant Medical Proof
If you were involved in an accident prior to the stop, especially one affecting the head or the back, you can have the case dismissed. This is because such injuries may interfere with the outcome of your sobriety test. You’ll need to get the medical evidence from your doctor to present in court.
5. Attend a DUI School Beforehand
You are normally required to attend a DUI school after being convicted of a DUI offense. However, no one said that you can’t attend the school before. Actually, it gives you extra credit during the trial.
6. Hire a DUI Lawyer
Lastly, a DUI lawyer in Nashville can help you a great deal in beating the DUI charge. The officer will help you challenge the reason for the stop, the arrest, and the evidence provided. In the long run, the lawyer will help you plead innocent and request for the dismissal of the DUI charges.
When you know the ways to beat a Tennessee DUI charge, it becomes easy to minimize the likelihood of a conviction. Whether you are guilty or not, the above tips are practical to help you negotiate your way out. If you are not ready to go through the legal tussles, then don’t drink when driving or just hire a taxi after having a few bottles.