Alcoa DUI Defense Attorney

A DUI charge can begin with something as small as a rolling stop at an intersection or a taillight that is broken. A police officer may use a minor traffic violation as a pretext to investigate a person for a drunk driving offense. A driver may be arrested based on field sobriety tests performed during a traffic stop or other evidence that an officer has gathered. Understanding what to do after an arrest for DUI and what options for defense may be available is not always easy, which is why legal representation from a skilled attorney can be essential.

At The Baker Law Firm, our attorney can look closely at how evidence was gathered in a DUI case, the procedures followed by police officers, and other details that may play a role in a person's defense. He has the courtroom experience and careful attention to detail needed to help address DUI charges successfully. By providing compassionate representation, he works to defend against these charges while minimizing the ways a DUI arrest may affect a person's job, family, and daily life.

The Reasonable Suspicion Standard for Traffic Stops

Before a police officer can legally pull a driver over, they must have what is known as reasonable suspicion. Under this standard, an officer must be able to point to specific facts suggesting that a person violated a traffic law or exhibited behavior indicating that they were intoxicated. A vague feeling or hunch is not enough to justify a traffic stop.

In DUI cases, this standard is one of the most important factors that may be addressed. Everything that happens during and after a traffic stop, including any observations an officer makes, any field sobriety tests that are performed, and the results of chemical tests, will depend on a traffic stop being conducted lawfully. If a traffic stop cannot be justified by specific facts, our lawyer will take steps to challenge any evidence gathered afterward.

Common Ways a Traffic Stop May Be Challenged

Our attorney can review the circumstances surrounding a traffic stop to determine whether it met the reasonable suspicion standard. Some of the issues that may support a challenge include:

• No Valid Traffic Violation: If an officer's report describes conduct that did not actually violate traffic laws, such as a vehicle briefly drifting within a lane, there may have been no valid basis to stop the driver.
• Unlawfully Extended Stops: Police officers generally cannot detain a driver beyond the original purpose of a traffic stop without specific suspicions about offenses that may have occurred. A stop for a broken headlight that turns into a lengthy DUI investigation without any reason to believe that a driver is intoxicated beyond a vague hunch may be challenged.
• Unreliable Technology or Observations: Our lawyer can look at whether speed detection equipment was functioning correctly or whether an officer had a vantage point that allowed them to see an alleged traffic violation. A review of dashcam footage or other evidence may uncover information that can be used to challenge a traffic stop.
• Improper Checkpoint Procedures: If a person was stopped at a DUI checkpoint, officers must have followed specific procedures. Our attorneys can determine whether a DUI arrest at a checkpoint may be challenged.

Field Sobriety Tests

When a police officer pulls a driver over, they may use field sobriety tests to help establish probable cause for a DUI arrest. An officer may watch for signs of impairment while a person walks in a straight line or stands on one foot. They may also ask a driver to follow an object with their eyes as it moves from side to side, looking for involuntary eye movements that can occur when a person is under the influence. These tests are voluntary, and a driver is not legally required to perform them.

Even when a person agrees to participate, their performance on field tests may be affected by many factors that have nothing to do with alcohol or drugs. Uneven pavement may cause a person to stumble. Poor lighting on the side of the road may cause them to be unsteady on their feet. Windy or rainy conditions or the movement of traffic that is passing by can cause a person to react in ways that may seem like impairments. Physical conditions like injuries or inner ear issues may also be a factor, or nervousness may be misinterpreted as intoxication.

Because field sobriety tests rely heavily on an officer's interpretations of a person's balance, movements, and physical reactions, our lawyer may be able to argue that an officer came to the wrong conclusions. He can look at dashcam and body camera footage, training records showing whether an officer knew how to perform tests correctly, and other factors to determine whether an officer's evaluation of a person's level of impairment may be challenged.

Breath and Blood Testing After a DUI Arrest

If an officer believes that there is probable cause to believe that a person is intoxicated, they may arrest the driver for DUI. After an arrest, a person will usually be asked to take one or more tests to measure their blood alcohol concentration (BAC) or determine whether they have drugs in their system. Drivers are required to submit to breath, blood, or urine tests after being lawfully arrested. If a person refuses to take a test, their driver's license will be suspended.

A breathalyzer test can provide a measurement of BAC based on the alcohol content of a person's breath. A blood test will measure alcohol or drug concentration directly through a laboratory analysis. Urine tests may also be used in some cases to determine the level of alcohol or drugs in a person's system.

Frequently Asked Questions About DUI Defense