Gatlinburg DUI Defense Attorneys

When you are arrested for DUI, you may face consequences that can last for years. In the most serious cases, a DUI conviction can result in jail time. However, even if you are not required to serve time in jail, you may face steep fines, the loss of your driver's license, and other issues, including a permanent record that could affect your future. As you address DUI charges, having an attorney in your corner can help ensure that you will be able to resolve your case successfully.

At The Baker Law Firm, our lawyers are here to provide the legal representation you need as you defend against a DUI conviction. Our team will closely review every aspect of your case, from the reason you were stopped by police to the procedures performed during your arrest. We will look for weaknesses in the prosecution's case and advise you on the best steps you can take to achieve positive results and put this situation behind you.

What Can Lead to a DUI Charge in Tennessee?

Many people assume that DUI charges are nearly always based on drunk driving. In reality, Tennessee law addresses multiple forms of intoxication that can lead to arrests for driving under the influence, including:

Alcohol Impairment

It is unlawful for a person to drive or otherwise be in control of a vehicle on the road while they are under the influence of alcohol. A blood alcohol concentration (BAC) of .08% or higher is enough for a person to be considered intoxicated. Because alcohol affects different people in different ways, a person who is over the legal limit may not feel or appear to be impaired, but they may still face DUI charges.

Controlled Substances

Tennessee law also prohibits people from driving while under the influence of any controlled substance. DUI charges may be based on the use of drugs like cocaine, heroin, methamphetamine, LSD, or marijuana. In these cases, police officers may use blood tests to detect the presence of drugs in a driver's system. Any amount of a controlled substance could lead to DUI charges.

Prescription Medications

Certain types of medications may affect a person's ability to drive safely, including opioid pain relievers, sleep aids, and drugs that address depression or anxiety. A person could be arrested if they were driving while using a medication that led to impairment. Simply because a person has a valid prescription, this does not mean that they will be able to avoid a DUI charge. Understanding how different types of medications may affect a person can be central to a defense against DUI charges.

Combinations of Drugs and Alcohol

A driver may be considered to be impaired based on their use of multiple substances at once, including alcohol, prescription drugs, controlled substances, and even some cold or flu medicines that are sold over the counter. While a person's BAC may be below the legal limit, police officers may believe that the combined effect of alcohol and other substances has led to impairment, and they may arrest the person for DUI.

DUI vs. DWI in Tennessee

In some states, the terms driving under the influence (DUI) and driving while intoxicated (DWI) are used to refer to the same offense. However, Tennessee defines these as different offenses that may be charged depending on the age of the driver involved.

DUI for Adult Drivers

For drivers who are 21 or older, DUI charges may apply if a person is over the legal limit of .08% BAC or if police officers claim that they are intoxicated due to the use of substances other than alcohol. The penalties for a first-offense DUI may include a mandatory minimum of 48 hours in jail and up to 11 months and 29 days of incarceration. A person may also be required to pay fines between $350 and $1,500, and their license may be suspended for up to one year. Penalties will increase for any additional DUI offenses.

DWI for Underage Drivers

A driver who is under the age of 21 can be charged with DWI if they had a BAC as low as .02%. This "zero-tolerance" law is meant to prevent underage drivers from driving at all after drinking alcohol. A DWI conviction for an underage driver may lead to a one-year license suspension, fines, and the requirement to perform community service.

Challenging the Evidence in a DUI Case

Our attorneys understand the defense strategies that are likely to be successful in DUI cases. We can review the evidence in a case and determine how to address it. Some options that may be available depending on the situation include:

Challenging the Traffic Stop

Before any field sobriety or chemical testing can occur, a police officer must have a lawful reason to stop a vehicle. In general, a traffic stop must be supported by an officer's reasonable suspicion that a traffic violation or criminal activity has occurred. If the stop was not justified, any evidence that an officer gathered may be challenged. Our lawyers will review the circumstances of a traffic stop to determine whether the stop itself was constitutionally valid and whether evidence gathered by an officer may be excluded from a case.

Field Sobriety Tests

After pulling a driver over, an officer will take steps to determine whether the driver has been drinking or using other substances that have resulted in impairment. They may ask the driver to perform field sobriety tests at the side of the road. There are certain standardized tests that are approved for police officers to use, including having drivers balance on one foot or follow an object with their eyes. These tests are far from foolproof. Factors such as low visibility at nighttime or in rainy weather, slippery or uneven road surfaces, certain types of shoes, or medical conditions can play a role in the results of field sobriety tests. Our team will look at whether tests were administered correctly and whether issues other than intoxication affected a person's performance.

Breath Test Results

Breath testing may be performed after a person is arrested and brought to a police station. The accuracy of breathalyzer machines may be affected by how they were calibrated, whether maintenance was performed correctly, and the procedures followed during a test. Our lawyers will look at whether a breath test result can be challenged because an officer was not trained correctly or because a person had a medical condition like acid reflux or diabetes that could affect the accuracy of the reading.

Blood Test Results

In addition to or instead of a breath test, a driver's blood may be drawn, and the sample may be tested in a lab to determine whether it contains alcohol or drugs. There are various reasons why blood test results may be challenged. The integrity of a sample will depend on how blood was drawn, how it was stored and handled, and the testing procedures that were followed. If there is a break in the chain of custody from the collection site to the laboratory, a sample may have become contaminated or switched with another sample. Our attorneys can address any issues that may have made a blood test unreliable.

Officer Observations and Dashcam or Bodycam Footage

Accusations of intoxicated driving may be based on an officer's observations. An officer may claim that a driver had slurred speech or bloodshot eyes, that the person was driving erratically, or that they smelled alcohol or marijuana in the vehicle. However, it may be possible to contradict an officer's claims using video evidence or other evidence. Our lawyers will request all available dashcam and bodycam footage, which may tell a different story than what an officer put in a police report.

Contact Our Gatlinburg, Tennessee DUI Defense Lawyers

When you are facing DUI charges, you deserve a strong defense. The lawyers at The Baker Law Firm can help you understand your best options for resolving your case and minimizing the ways your life will be affected. We will review the evidence in your case, explain the procedures that will be followed, and fight for the best possible outcome for you. Contact our Gatlinburg DUI attorneys at 865-200-4117 to set up your free consultation.