Loudon, Tennessee DUI Defense Attorneys

DUI charges can affect anyone, regardless of their background or whether they have any previous offenses on their record. A person may be pulled over after having a drink with friends or because of the use of a prescription medication that has affected their ability to drive safely. A DUI arrest in Tennessee can lead to immediate concerns that may affect a person's driver's license, their finances, their career, and more. In these situations, legal representation from a DUI defense attorney can be critical.

At The Baker Law Firm, our lawyers provide legal help for people charged with DUI offenses in Loudon and the surrounding communities. With our extensive experience in DUI cases, we understand the scientific principles involved in breath and blood testing, the ways field sobriety tests may be administered, and the legal requirements that apply to police officers during traffic stops and arrests. We can examine every detail of a case to find weaknesses in the case against our client and determine the most effective defense strategies. We will work to achieve results that will minimize the impact of DUI charges on a person's life.

Grounds for DUI Arrests in Tennessee

Under Tennessee Code § 55-10-401, it is illegal to drive a vehicle while under the influence of any substance that causes a person's ability to drive safely to be impaired. In cases involving alcohol, DUI charges will typically apply if chemical tests show that a person had a blood alcohol concentration of .08 percent or higher. For commercial drivers, the legal limit is .04 percent, and for drivers under age 21, a BAC of .02 percent or higher could lead to DWI charges.

DUI charges are not limited to situations where drivers are accused of drinking alcohol. Impairment due to the use of controlled substances, illegal drugs, prescription medications, or combinations of substances can also result in DUI charges. Even when taking a medication prescribed by a doctor, a person could be charged with DUI if that medication impaired their ability to drive safely. Prescription drugs that may lead to DUI charges include opioid pain medications, sleep aids, muscle relaxants, and certain antidepressants. Over-the-counter medications such as antihistamines can also cause impairment in some cases, including when they are combined with alcohol or other substances.

Drug-related DUI cases may involve complex issues, because there is no single standard that may be used to determine whether a person is impaired by drugs. In some cases, the presence of any amount of illegal drugs in a person's system may support a DUI conviction if the prosecution can prove that drugs impaired their ability to drive safely. Our attorneys can review toxicology reports, consult with medical professionals, and challenge the prosecution's claims about the effects of substances on a person's driving ability.

DUI Traffic Stop Procedures

During a traffic stop, violations of a person's constitutional rights or a police officer's failure to follow the proper procedures can provide grounds to challenge evidence or seek a dismissal of DUI charges. A DUI investigation typically begins when a law enforcement officer stops a vehicle. An officer must have reasonable suspicion of criminal activity or a traffic violation to conduct a traffic stop. In some cases, DUI stops may be based on observations of erratic driving, such as weaving between lanes, driving below the speed limit, abrupt braking, or failure to maintain a consistent speed. However, officers may also stop vehicles for routine traffic violations like broken taillights, expired registration, or failure to signal, and these stops can lead to DUI investigations.

After stopping a vehicle, an officer will usually ask for a person's driver's license and other information. The officer will observe the driver's behavior, appearance, and speech, looking for signs of intoxication. Officers are trained to recognize indicators such as bloodshot or watery eyes, slurred speech, the odor of alcohol, fumbling with documents, and difficulty following instructions.

If the officer suspects that a driver may be impaired, they will typically ask the driver to step out of the vehicle to perform field sobriety tests. These roadside tests are voluntary, and drivers have the right to decline them. However, many people do not realize they can refuse these tests and agree to perform them, believing that cooperation will help their situation.

Field Sobriety Tests and Their Limitations

Field sobriety tests are used by police officers to assess whether a driver may be impaired. There are three standardized tests that are often used, but officers may also perform other types of tests, such as asking someone to recite the alphabet in reverse or touch their finger to their nose.

The horizontal gaze nystagmus test involves the officer observing a person's eyes as they follow a moving object. The officer will look for involuntary movement in the eyes. However, this test has significant limitations. Medical conditions, certain medications, fatigue, or the flashing lights on a police car could affect the movements of a person's eyes.

The walk-and-turn test requires a person to walk in a straight line for several steps, then turn around and take the same number of steps to return to the starting point. The officer will watch for signs of impairment, such as failing to walk straight, taking the wrong number of steps, or losing balance. Performance on this test could be affected by a person's age, weight, physical injuries or limitations, footwear, uneven road surfaces, poor lighting, or nervousness about the situation.

The one-leg stand test requires a person to stand on one foot while holding the other foot off the ground for a certain number of seconds. An officer will look for swaying, hopping, or other signs of failure to maintain balance. Like the walk-and-turn test, many factors unrelated to intoxication can affect a person's performance.

Our attorneys will carefully examine the circumstances under which field sobriety tests were administered. Were tests conducted on a level surface? What were the weather conditions? Did a person have any physical conditions that could affect their balance or ability to follow instructions? Did the officer properly explain and demonstrate each test? These factors can provide grounds to challenge the reliability of field sobriety test results.

Chemical Testing: Breath and Blood Tests

If an officer has probable cause to believe that a driver was under the influence, they may perform an arrest. After being taken to a police station, a person will usually be asked to take a chemical test of their breath or blood. Under Tennessee's implied consent law, people who drive on the state's roads are considered to have consented to chemical testing if they are arrested for DUI. Refusing a chemical test will result in the automatic suspension of a person's driver's license

Breath testing is the most common method of measuring blood alcohol concentration. For breath test results to be admissible in court, the testing instrument must be properly maintained and calibrated. The officer administering the test must be trained and certified, and they will be required to follow specific procedures.

Our attorneys can examine breath test procedures for potential problems. Was the instrument properly calibrated and maintained according to manufacturer specifications? Did the officer observe the driver for the required period before testing? Was the officer certified to operate the equipment? Breathalyzers can produce inaccurate results due to improper calibration, radio frequency interference, operator error, or the presence of substances in a person's mouth that contain alcohol.

Blood testing is often considered to be more accurate than breath testing. It may be used in cases where a person is suspected of being under the influence of drugs. When blood tests are performed, blood must be drawn by qualified medical personnel. Samples must be stored properly and analyzed by a certified laboratory. Our attorneys will look at the chain of custody of blood samples to see if there are any gaps. We can take steps to determine whether tests were performed using the proper scientific methods and whether a laboratory followed the right quality control procedures.

Defense Strategies in DUI Cases

Our lawyers will investigate a DUI case to identify the most promising defenses. Challenging the legality of the traffic stop is often the first line of defense. If an officer did not have reasonable suspicion to stop a vehicle or probable cause to arrest a person for DUI, the evidence they obtained may be suppressed. When evidence cannot be used in court, this may result in the dismissal of DUI charges.

We will look at how field sobriety tests were performed. These tests are subjective, and an officer's observations may have been influenced by bias or other factors. Medical conditions, environmental factors, or other issues can affect a person's performance on these tests. If an officer did not administer tests correctly, the results may be unreliable.

Challenging the accuracy of chemical test results is another important defense strategy. Breath test instruments can malfunction or produce false readings due to improper calibration, operator error, or medical conditions such as acid reflux or diabetes. Blood test results can be challenged based on the improper collection, storage, or analysis of samples. We will review maintenance records, calibration logs, and testing procedures to identify potential problems.

In some cases, we may present evidence showing that a person was not actually impaired or that their BC was below the legal limit at the time they were driving. Blood alcohol concentration may continue to rise for some time after a person stops drinking. A person's BAC level may have been legal while they were driving, but it may have exceeded the legal limit by the time testing occurred.

We can also determine whether there may be valid alternative explanations for symptoms that were similar to intoxication. Fatigue, allergies, medical conditions, nervousness, and other factors can cause red or watery eyes, unsteady balance, or difficulty following an officer's instructions. By presenting evidence of these alternative causes, we can show that there is reasonable doubt about whether a person was actually impaired.

Frequently Asked Questions About DUI Charges

Contact Our Loudon, TN DUI Lawyers

Time is critical following a DUI arrest. You will have a limited window in which you can request an administrative hearing to contest a driver's license suspension. Evidence related to the case may need to be preserved. At The Baker Law Firm, our lawyers can review your case, explain your options, and work with you to develop a strong defense strategy. Contact our Loudon DUI defense attorneys at 865-200-4117 to set up your free consultation.