Have you been arrested for driving under the influence in Tennessee? Many individuals facing these charges assume their case is open and shut—especially if they failed a field sobriety test or showed signs of impairment. But what if your driving behavior was influenced not by alcohol or drugs, but by poor weather or hazardous road conditions?
In places like Knoxville and throughout East Tennessee, sudden rainstorms, fog, icy roads, and winding mountain highways can all contribute to driving behavior that appears suspicious to law enforcement. These environmental factors are often overlooked but can play a crucial role in building a strong DUI defense.
Not only can poor road and weather conditions explain unusual driving, but they can also make field sobriety tests unreliable. Slippery surfaces, uneven pavement, or low visibility may cause even a sober person to stumble or perform poorly—casting doubt on the results.
In this article, we’ll explore how road and weather conditions might impact the circumstances of your DUI arrest—and how the best DUI attorney for your case can use these details to challenge the evidence against you.
Understanding DUI Charges in Tennessee
In Tennessee, DUI offenses are governed by Tennessee Code Annotated § 55-10-401, which makes it illegal to drive or be in physical control of a vehicle while:
- Under the influence of alcohol, drugs, or a combination of both, and/or
- Having a blood alcohol concentration (BAC) of 0.08% or higher (for most drivers).
To secure a conviction, the prosecution must prove that you were impaired at the time of driving or that your BAC exceeded the legal limit. This often relies on a combination of evidence, such as:
- Driving behavior (swerving, speeding, or braking erratically)
- Field sobriety test performance
- Officer observations (such as slurred speech or bloodshot eyes)
- Chemical test results (breath or blood tests)
What many people don’t realize is that these pieces of evidence (particularly field sobriety tests and observed driving patterns) can be influenced by environmental conditions like rain, fog, ice, or poorly maintained roads. That’s where a skilled DUI defense law firm comes in: by challenging the reliability of this evidence, your attorney may be able to weaken the prosecution’s case.
How Weather and Road Conditions Can Affect a DUI Arrest
Tennessee’s diverse landscape and unpredictable weather can make driving conditions especially challenging, particularly in East Tennessee. Rain, snow, steep hills, fog, ice, and even road construction can all impact the way a person drives. These same factors can also influence how law enforcement interprets your behavior during a DUI stop.
Below are some of the key ways weather and road conditions may come into play during a DUI arrest:
A. Impact on Driving Behavior
Police often cite erratic driving—such as swerving, drifting, or sudden stops—as signs of impairment. But in cases involving bad road conditions, these behaviors may be caused by:
- Hydroplaning during heavy rain
- Swerving to avoid potholes or debris
- Navigating icy or snow-covered roads
- Cautious driving on curvy or mountainous roads with poor visibility
What may look like impaired driving could actually be a reasonable response to dangerous conditions. Your DUI defense attorney can present alternative explanations that cast doubt on the officer’s interpretation.
B. Field Sobriety Tests in Poor Conditions
Field sobriety tests such as the walk-and-turn or one-leg stand, are designed to measure balance and coordination. But these tests are highly sensitive to environmental conditions, including:
- Wet or icy pavement
- Uneven surfaces, inclined, or sloped shoulders
- Poor lighting at night
- Windy or cold conditions that affect stability
Even a completely sober person may struggle with these tests under such conditions. If your field sobriety tests were performed on a sloped area or in the rain, their accuracy may be called into question. In fact, officers who are trained by the National Highway Traffic Safety Administration are trained that sobriety tests should be on a dry roadway. As such, they are trained that they can transport a suspect to an indoor or dry location to conduct field sobriety tests so the test can remain standardized. Conducting standardized tests under such conditions provides additional reasons for someone failing these tests and therefore prevent the test from being standardized as reliable indicators of alcohol impairment.
C. Officer Observations and Environmental Influence
Officers rely on subjective observations to build probable cause for a DUI arrest, such as glassy eyes, fumbling with documents, or unsteady movements. But:
- Cold temperatures can cause red or watery eyes, especially someone who wears contacts
- Nervousness or shivering can mimic signs of impairment impacting the client’s appearance during the personal contact phase and performance of sobriety tests
- Road noise, darkness, or rain can make communication difficult
Weather and environmental distractions may lead officers to misinterpret innocent behaviors as signs of intoxication.
In these situations, your DUI defense lawyer can challenge the conditions of the stop, the reliability of test results, and whether the officer’s judgment was affected by the environment.
Using Environmental Factors in Your Defense
In DUI cases, context matters—and so does timing, terrain, and weather. If you were pulled over on a rainy night, on a steep hill, or in low visibility, those environmental conditions can be critical to explaining your driving and challenging the officer’s observations. Here’s how an experienced DUI defense attorney can use those factors to your advantage:
A. Arguing Alternative Explanations for Driving Behavior
If the arresting officer noted erratic driving—such as weaving, slow speeds, or sudden stops—your DUI attorney can present evidence that these behaviors were caused by external factors, not impairment. For example:
- A vehicle may drift within the lane due to high winds
- A driver may slow down or swerve to avoid hydroplaning during a rainstorm
- Poor visibility or snow-covered roads may require cautious, non-standard driving
When supported by weather data, traffic camera footage, or even eyewitness testimony, these explanations can help introduce reasonable doubt into the prosecution’s case.
B. Challenging the Validity of Field Sobriety Tests
As noted earlier, FSTs are highly sensitive to road and weather conditions. A DUI defense attorney can:
- Question whether the tests were administered under appropriate conditions
- Highlight how a wet, sloped, or uneven surface could lead to a failed test
- Use expert testimony to demonstrate how a sober person could fail under those same conditions
If the reliability of the field sobriety tests is undermined, the court may give less weight to that evidence—or exclude it altogether.
C. Questioning Officer Judgment and Protocol
Weather and road conditions can affect not only your behavior but also the officer’s ability to properly assess the situation. Your attorney may investigate:
- Whether the officer had sufficient training to conduct tests in poor conditions
- If lighting, noise, or environmental stress affected the officer’s observations
- Whether body or dash cam footage contradicts the written report
Inconsistencies in the officer’s account can weaken the prosecution’s case and support a motion to suppress evidence or reduce charges.
Environmental conditions don’t excuse impaired driving, but they can explain the kind of behavior officers often cite as signs of intoxication. In a court of law, these explanations can be powerful tools in challenging the State’s narrative.
Why You Need an Experienced DUI Attorney
Successfully challenging a DUI charge requires more than just pointing out that it was raining or dark. It takes a strategic legal approach, deep knowledge of Tennessee DUI laws, and the ability to present credible evidence in court. That’s where an experienced DUI defense attorney makes all the difference.
At Barnes & Fersten, we know how to dig into the details that others overlook. In cases where road and weather conditions played a role, we can take steps such as:
- Obtaining historical weather data for the exact time and location of your stop
- Reviewing body and dash cam footage to assess road conditions and officer conduct
- Challenging the reliability of field sobriety tests conducted on uneven, slippery, or poorly lit surfaces
- Cross-examining officers on their training and ability to assess impairment in adverse conditions
- Consulting with experts in accident reconstruction or human performance to support your case
We treat every DUI case with the attention it deserves—because no one should be convicted based on assumptions or flawed evidence.
Whether this is your first offense or you’re facing enhanced penalties, the sooner you speak with an attorney, the better your chances of building a strong defense. Road and weather conditions might seem like minor details, but in the courtroom, they could be the key to protecting your freedom and your record.
Get Help From Our DUI Defense Law Firm
Being arrested for DUI can be an overwhelming experience. But it is important to remember: a charge is not a conviction. If you were driving in poor weather, on slippery roads, or in unfamiliar or dangerous conditions, those circumstances matter. They could explain behaviors that law enforcement interpreted as signs of impairment—and they may give your defense team the leverage needed to challenge the case against you.
At Barnes & Fersten, our DUI defense attorneys understand how to turn details like road and weather conditions into compelling legal arguments. We’re committed to protecting your rights and ensuring that your full story—not just the officer’s version—is heard in court.
If you or a loved one has been charged with DUI in Tennessee, take action today. The sooner we can begin investigating the scene, preserving evidence, and building your defense, the better your chances of a favorable outcome. Call us today at 865-805-5703 or fill out our contact form for a free and confidential consultation.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
