Have you been charged with driving under the influence (DUI) in Tennessee? DUIs are serious charges, so it’s natural to panic and feel overwhelmed right now.
However, let us provide some reassurance: a DUI arrest does not mean you will be convicted. The State must prove the case against you. And they must prove their case beyond a reasonable doubt.
But what is the State required to prove to convict you, and how can you fight DUI charges in Tennessee? While you should seek advice urgently from our DUI lawyers, here’s how to fight DUI charges.
What Must the State Prove to Convict You for a DUI?
To convict you of drunk driving charges, the State must prove four things:
- There was a motor vehicle involved
- You were in physical control of said vehicle while intoxicated
- At the time of the alleged incident, the vehicle was in a public place
- You were actually impaired by a substance at the time of the alleged DUI
We’ll focus on “impairment”, since this is where the right defense strategy truly matters when fighting a DUI charge.
What Is Impairment?
Impairment in this context means that your blood alcohol concentration (BAC) was above a certain level. At this point, your blood alcohol level meant you could not safely control a vehicle. For example, this could mean slower reaction times, excessive fatigue, or even falling asleep at the wheel.
In all cases, though, the State must prove your BAC was over the legal limit at the time of the alleged incident. This is because “innocent until proven guilty” underpins our entire criminal justice system. Your innocence is presumed until proven otherwise.
How Does the State Prove Impairment?
To fight a DUI charge in Tennessee, we must first understand how the State proves its case. Then we can build a strategy to challenge the State’s evidence more effectively.
The State uses various alcohol testing methods to prove impairment for TN DUI cases. These methods are not failproof and they can all be challenged. The main ways that the State will attempt to prove impairment are:
Why Does The State Need To Prove Impairment?
The necessity for the State to prove impairment hinges on the principle of “innocent until proven guilty,” a bedrock tenet of our legal system that presumes a defendant’s innocence until their guilt is conclusively demonstrated.
In the context of DUI cases, the main offense is not just driving after consuming alcohol or drugs; rather, it’s driving while impaired by those substances. Therefore, it’s not enough for the State to simply show that a driver had consumed alcohol or drugs. They must go a step further to prove that the driver was actually impaired by these substances at the time they were driving, to the extent that their ability to operate the vehicle was compromised.
This requirement is crucial because it prevents potential misuse of the law. Without the need to prove impairment, individuals could be wrongfully convicted based on consumption alone, even if they were not actually affected by the substance at the time of driving. An experienced DUI defense attorney in Tennessee understands this and can help to ensure you are not wrongfully convicted.
Moreover, this burden of proof serves to maintain the integrity and fairness of the legal process. It compels the State to gather robust, objective evidence, rather than rely on subjective judgment calls. This can include breathalyzer or blood test results, performance on field sobriety tests, and the observations of the arresting officer or other witnesses.
However, it’s essential to note that these methods of proving impairment are not beyond challenge. A skilled Tennessee DUI attorney can scrutinize the evidence, challenge the state’s case, and work to ensure that your rights are upheld throughout the legal process.
Breathalyzer and blood test results can be influenced by various factors and may not always be an accurate reflection of a driver’s level of impairment. Similarly, field sobriety tests are not foolproof and can be affected by a range of conditions unrelated to alcohol or drug use. Additionally, field observations are inherently subjective and can be influenced by biases or inaccuracies.
How Does The State Prove Impairment?
To secure a conviction in a DUI case, the State must effectively demonstrate that the driver was significantly impaired by alcohol or drugs at the time they were operating the vehicle. This can be a complex task, as it necessitates tangible, convincing evidence to verify the driver’s impairment. Here are some of the primary ways the State attempts to prove impairment:
- Breathalyzer and Blood Tests: These are among the most common methods used to determine a driver’s level of impairment. A breathalyzer measures the concentration of alcohol in one’s breath, which is then used to estimate the blood alcohol concentration (BAC).
- On the other hand, a blood test directly measures the amount of alcohol or drugs in one’s blood. In Tennessee, a BAC of 0.08% or higher constitutes legal impairment for drivers over 21. For drivers under 21, the limit is 0.02%.
- Field Sobriety Tests: Law enforcement officers may administer a series of physical and cognitive tests at the scene of a traffic stop to gauge a driver’s level of impairment. These can include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg-stand test. Performance on these tests may be used as evidence of impairment.
- Officer Observations: An officer’s testimony about a driver’s behavior, appearance, and driving patterns can also be used as evidence. Slurred speech, bloodshot eyes, the smell of alcohol, poor coordination, and erratic driving can all be indicative of impairment.
- Dashcam and Bodycam Footage: Increasingly, video evidence is playing a more significant role in DUI cases. Footage from dashcams or bodycams can provide objective evidence of a driver’s behavior and interaction with law enforcement, which can either support or contradict other evidence of impairment.
Fight a DUI Charge Based on Impairment Evidence
The State must prove its case beyond a reasonable doubt. This means the only reasonable conclusion is that you were intoxicated behind the wheel.
Fundamentally, though, every testing method is subject to error. To fight a DUI charge, your DUI defense attorney will consider the following factors.
- Accuracy: Issues with sample collection, or reading the results of blood alcohol tests, could make the results invalid.
- Subjectivity: The officer’s observations must be robustly challenged. Especially if there’s limited tangible evidence to support the observations.
- Delivery: Errors in how officers administered the test could make the results inadmissible.
- Validity: There may be other ways to show blood samples or breathalyzer tests are invalid. For example, we may be able to show the sample was contaminated or wrongfully collected.
Your attorney can explain what defenses may be open to you, based on the case facts.
Protecting Your Rights During A DUI Traffic Stop
A DUI traffic stop can be an unnerving experience. But knowing your rights and how to assert them can significantly impact the outcome of your case. Here are some key rights and recommendations to keep in mind:
- Right to Remain Silent: The Fifth Amendment to the United States Constitution protects your right against self-incrimination. This means you do not have to answer any questions that could potentially incriminate you. While you must provide your driver’s license, registration, and proof of insurance when asked, you do not need to answer questions about where you have been, what you have been doing, or whether you have consumed alcohol or drugs.
- Right to Refuse Field Sobriety Tests: You have the right to refuse to participate in field sobriety tests. These tests can be subjective, and their results can be influenced by a range of factors such as nervousness, physical conditions, or even the weather. Please note, however, that refusal can be used against you in court and can result in an immediate suspension of your driving privileges due to Tennessee’s implied consent law.
- Right to an Attorney: Right to an Attorney: If you’re arrested or detained, you have the right to consult with a DUI defense attorney in Tennessee before answering any further questions. You can request the presence of your attorney during any testing or questioning.
- Right to Chemical Testing: Under Tennessee’s implied consent law, by driving a motor vehicle in the state, you inherently consent to provide a blood or breath sample to a police officer who has probable cause to believe you committed a DUI or other serious vehicular offenses. If you refuse a blood or breath test, you can be charged with implied consent unless the officer obtains a search warrant thereafter. However, refusing a test means the officer doesn’t have an exact BAC measurement.
No matter the situation, it’s always crucial to maintain a calm and respectful demeanor during your interaction with law enforcement officers. It’s worth noting that the way you conduct yourself can significantly influence how the situation unfolds. A calm demeanor can prevent the escalation of the situation, while confrontational behavior could lead to additional charges and complicate your defense. You don’t want to fight a DUI charge just to face other charges!
Remember, protecting your rights starts with understanding them. A proficient DUI defense attorney can help you navigate these complex situations and ensure your rights are not violated. It’s crucial to reach out to an attorney as soon as possible following a DUI traffic stop or arrest to discuss your case and plan the best course of action.
Fight a DUI Charge in Tennessee With Barnes & Fersten
The DUI attorneys at Barnes & Fersten understand the nuances of Tennessee DUI law and the importance of the state’s requirement to prove impairment at the time of driving. If you or a loved one is facing a DUI charge or if you have any concerns about possible future situations, remember: the burden of proof is on the state, and the right representation can make all the difference.
Reach out to us at Barnes & Fersten today.
If you or a loved one is facing a DUI charge, remember: the burden of proof is on the state, and the right representation can make all the difference. Reach out to us at Barnes & Fersten today. Let us fight for you, because everyone deserves a defense that is as unique as their case.
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.
