Pigeon Forge, Tennessee DUI Defense Attorneys

Many Tennessee residents and people visiting from out of state travel to the Smoky Mountains region every year. To protect the safety of people on the roads, law enforcement officers in the Pigeon Forge area may take action to arrest anyone they believe is driving while under the influence of alcohol or drugs. A DUI arrest can affect your life in many ways, with consequences that are likely to reach far beyond the night of the arrest itself. Dealing with issues such as license suspension, heavy fines, increased insurance premiums, a permanent record, and the possibility of jail time can be difficult, which is why you need a lawyer who can help you defend against DUI charges.

At The Baker Law Firm, we provide legal representation in DUI cases, helping clients understand their best options for resolving these cases. We will examine the procedures followed by police, the tests used to determine whether you were impaired, and the evidence the prosecution intends to use against you. We will advise you of your rights and options and help you make decisions about how to minimize the ways your life may be affected by a DUI charge.

What Happens During a DUI Traffic Stop?

When police officers conduct traffic stops, they will follow a series of procedures that are designed to build evidence of the driver's impairment. Each step in that process may provide opportunities for defense against a DUI conviction.

The Initial Stop

A lawful traffic stop must be based on a reasonable suspicion that a driver has violated the law in some way. In many cases, a driver will be pulled over because an officer saw them committing a traffic violation like speeding or making an improper turn. Other violations, such as a taillight or license plate light that is not working, may serve as the basis for a traffic stop. or that criminal activity is taking place. The legal basis for a traffic stop is crucial. If an officer had no reason to pull a driver over, the evidence they gathered during the traffic stop may be suppressed during a DUI case.

Roadside Observations

Once a vehicle is stopped, an officer will typically approach the driver and ask them some questions. They will be looking for signs that the person has been drinking or is intoxicated. These may include the appearance of the driver's eyes, the way they are speaking, whether they have trouble locating their driver's license or insurance card, or other signs that may indicate impairment. These observations are subjective, and they may be recorded in a police report based on the officer's memories. However, they may be contradicted by dashcam or bodycam footage, witness accounts, or other evidence.

Preliminary Breath Testing

Before making an arrest, an officer may ask a driver to submit to a breath test using a handheld device at the roadside. The results of these preliminary breath tests are not admissible as evidence in court, but they may be used by an officer to establish probable cause for an arrest. Roadside breath tests only provide an estimate of the level of alcohol in a person's blood, and drivers are not legally required to submit to these tests.

Field Sobriety Tests

In addition to or instead of a roadside breath test, an officer may ask a driver to perform physical sobriety tests on the side of the road. These field sobriety tests may look at the movement of a person's eyes, their ability to walk in a straight line, or their balance while standing on one foot. The results of these tests may depend on whether an officer followed the correct protocols, whether the officer was properly trained and certified, and whether there were factors like weather, lighting, or road conditions that could have affected a driver.

Chemical Testing After a DUI Arrest

Once a driver is placed under arrest for DUI, they will usually be asked to take a chemical test of their blood or breath to determine the presence of alcohol or drugs in their body. While these tests can serve as evidence in a case, it may be possible to challenge their results.

Breath Testing

An approved testing device may be used at a law enforcement facility to measure a person's blood alcohol concentration (BAC). These machines must be regularly maintained and calibrated, and an officer must be certified to administer a breath test. Our lawyers can obtain maintenance and calibration records and officer records to determine whether a device may have been inaccurate or whether an officer may not have been qualified.

Certain medical conditions may also affect breath test results. People who suffer from gastroesophageal reflux disease (GERD), acid reflux, or diabetes may have breath test readings that do not reflect their true level of impairment. The presence of certain substances in the mouth, such as mouthwash or breath spray, can also interfere with breath test results.

Blood Testing

Blood tests may be used when officers suspect that a person is impaired by drugs or in other situations. A blood draw must be conducted by a qualified medical professional, and the sample must be collected, stored, labeled, and transported according to the proper protocols. Any break in the chain of custody could provide a reason to question the results. Laboratory errors or contaminated samples may also lead to unreliable results.

Vehicular Assault and Aggravated DUI Charges

When a person is accused of driving under the influence and causing the injury or death of another person, they may face additional legal consequences. The specific charges may include:

Vehicular Assault

A person who is accused of causing a serious bodily injury while driving under the influence may be charged with a Class D felony. If they are convicted, they could be sentenced to between two and 12 years in prison. Our attorneys will carefully analyze the connection between a person's alleged impairment and the injuries that took place to determine the best defense against these charges.

Vehicular Homicide

When a person was allegedly killed as the result of driving under the influence, a driver may be charged with vehicular homicide. This offense is a Class B felony that could lead to a sentence ranging from eight to 30 years in prison. This is one of the most serious DUI-related charges a person can face. Our lawyers can take steps to address the DUI evidence and the causation of a fatal accident.

Contact Our Pigeon Forge, TN DUI Defense Lawyers

At The Baker Law Firm, we can provide you with the legal representation you need as you address DUI charges. Our lawyers will examine the evidence in your case and help you understand the steps you can take to protect your record and your license as you defend against a DUI conviction. Contact our Pigeon Forge DUI attorneys by calling 865-200-4117 to arrange a free consultation.