Clinton DUI Defense Attorney

Because of the dangers of drunk driving, police officers in Clinton and throughout Tennessee will be watching for signs that drivers may be intoxicated. They may stop drivers for traffic violations, and based on their observations, the tests they perform, or other factors, they may arrest drivers for driving under the influence (DUI). In these situations, people may be unsure about their legal options, and they may worry about the penalties they may face, including the suspension of a driver's license, large fines, probation, increased insurance rates, ignition interlock requirements, or jail time.

In cases involving DUI charges, it is important to understand the factors that may affect a case and the defenses that may be available. At The Baker Law Firm, our DUI defense lawyer can provide representation for people who have been arrested for intoxicated driving. We can advise clients on the steps they can take to avoid a DUI conviction and prevent a license suspension or other consequences that may affect their lives.

Substances That Can Lead to a DUI Arrest

While some people may assume that DUI charges will only be based on drinking alcohol, Tennessee law covers a wide range of substances that can lead to impairments. Our attorney can help clients address charges related to:

• Alcohol: Beer, wine, liquor, and other alcoholic beverages can cause intoxication, and many DUI charges are based on claims that drivers are drunk. Even a small number of drinks can push a person over the legal limit, and DUI charges may apply even if a person does not feel intoxicated or does not believe that their ability to drive has been impaired.
• Marijuana: Unlike many other states, Tennessee does not permit the use of marijuana for either recreational or medicinal use. People may still use marijuana, and if police officers believe that a person is intoxicated because of this drug, they may arrest them for DUI.
• Prescription Medications: While drugs such as opioids, sleep aids, and muscle relaxers may be used legally by people who receive prescriptions, these substances affect a person's driving ability. Even if a person has a valid prescription, they could face DUI charges if the use of a medication has allegedly impaired their driving ability.
• Over-the-Counter Medications: Antihistamines, cold medicines, and drugs that may be available without a prescription can cause drowsiness and other issues that may affect a person's ability to drive safely. A person could be arrested for DUI if they were under the influence of any substances that affected their ability to control their vehicle and avoid an accident.
• Illegal Drugs: Cocaine, methamphetamine, and other controlled substances can result in DUI charges if police officers believe that drugs have affected a driver's ability to operate a vehicle safely.
• Combinations of Substances: A person may be charged with DUI based on the combined effect of multiple substances. Even if no single substance would have caused impairment on its own, it may interact with other substances and cause intoxication.

Field Sobriety Tests in DUI Cases

When an officer has pulled a driver over, and they suspect that the person is intoxicated, they may ask the driver to perform field sobriety tests. There are certain types of tests that have been approved for officers to use, and they may involve tasks like walking along a straight line or following an object with their eyes.

Field sobriety tests can help an officer determine whether a person is intoxicated and does not have the physical or mental ability to drive safely. However, these tests are far from perfect. Officers may not follow the correct procedures, or they may misinterpret a person's actions. They may believe that a person is intoxicated when their actions may have been related to medical conditions, uneven road surfaces, weather conditions, or poor lighting. Our lawyer will look at how tests were administered and take steps to show that an officer's assessments were incorrect.

Portable Breath Tests During Traffic Stops

Before making an arrest, an officer may ask a driver to breathe into a portable breathalyzer device. These roadside breath tests may not be accurate, and they usually cannot be used as evidence to prove that a person was driving under the influence. A portable breath test will only provide an estimate of the level of alcohol in a person's system, and its results may be considered when an officer decides whether to arrest a driver for DUI.

Portable breath test devices may not have been calibrated correctly, or an officer may have made an error when performing a test. Our attorney can look at how these devices were maintained and used. It may be possible to challenge the results of these tests and show that a DUI arrest was based on faulty information.

Chemical Tests of Breath, Blood, and Urine

After an arrest, a police officer will typically ask a person to take a chemical test to measure the level of alcohol in their system or determine whether they may be intoxicated because of the use of other substances. A breath, blood, or urine test can serve as evidence in a DUI case.

A breathalyzer machine can measure the alcohol concentration in a person's breath. However, the measurements taken by these devices are not always accurate. Factors such as improper calibration, interference from radios or other devices, and medical conditions like acid reflux can affect the results. Our lawyer can review calibration records and other details to determine whether test results can be challenged.

Blood tests may provide accurate measurements of a person's blood alcohol concentration. However, there are a variety of reasons why the results of these tests may be challenged. Blood samples may have been collected by someone who did not have the proper certifications. Samples may have been handled or stored incorrectly, resulting in contamination, temperature issues, or fermentation. Improper labeling may have caused samples to be switched. Our attorney can examine the chain of custody and lab procedures to determine how to address blood tests.

Urine testing may be used in some DUI cases, including when officers suspect that a person is under the influence of drugs. Urine tests may not always be accurate. Even if they detect the presence of a drug, they may not show that a person was impaired at the time they were driving. Our lawyer can challenge these test results and argue that there is no evidence of intoxication.

DUI With Injury in Tennessee

When a person has been involved in an accident in which another person was injured, they may face charges that are more serious than other types of DUI charges. Allegations of DUI with injury could lead to felony charges for vehicular assault. The potential penalties in these cases may include a longer prison sentence and higher fines. Our attorney can provide legal representation in these cases to help clients avoid felony convictions and collateral consequences.

DUI Charges for Out-of-State Drivers

When a person is arrested for DUI in Tennessee while visiting from another state, they may be unsure about how their case will be handled, whether they will be required to return to Tennessee for court proceedings, and how their license in their home state may be affected. Our lawyer can assist with out-of-state DUI cases, appearing in court on a person's behalf and taking steps to minimize the potential penalties that they may face.

Frequently Asked Questions About DUI Charges in Clinton