Challenging a DUI Charge: Why You Need an Attorney

Oftentimes, when someone faces a DUI charge, resignation to defeat is generally the immediate response. Most people are unaware that DUI charges are often successfully challenged and there is no reason to accept a punishment that is not deserved. After all, a DUI conviction stays on your record and can continue to impact your life for years to come. With so much at stake, it is in your best interest that you hire a criminal defense attorney to fight on your behalf and ensure that your rights are protected.

There are numerous ways in which your attorney can fight on your behalf to help get your DUI charge dismissed.

  • An invalid traffic stop: When a police officer pulls you over for a traffic stop, he or she must have a reasonable suspicion of a crime, or you must have committed a traffic violation. For example, if you were speeding, weaving, driving erratically, or had a broken taillight, a law enforcement officer would have a valid reason to pull you over. However, without a basis for reasonable suspicion, any evidence he or she obtained, including chemical tests or field sobriety tests, would be thrown out since the traffic stop would be considered unlawful. If you were driving near a college bar where patrons frequently drive home after drinking, but you yourself did not commit any traffic violations or give any cause for a traffic stop, a resulting DUI charge could be challenged by your attorney.
  • Field sobriety tests: You might think field sobriety tests are infallible and cannot be challenged, but that is far from the truth. These types of tests include the walk and turn test, the horizontal gaze nystagmus, and the one-leg stand. Officers often use these tests to determine if a driver is too impaired to operate a motor vehicle, but unfortunately, these tests are subject to human error. If you were in poorly lit conditions, wearing improper footwear, or if the officer provided unclear instructions, the results of the tests could be severely compromised.
  • Chemical test results: If you took a blood, breath, or urine test, there are ways to challenge the accuracy of these results. The breath test, in particular, is prone to error. If the Breathalyzer device is not properly maintained and calibrated, the results will be inaccurate and your case would likely be dismissed. When it comes to a blood draw, it is also possible that the paramedic was not properly trained to draw blood or that the sample was contaminated or stored improperly, which produced an inaccurate result. Do not assume that the results of any of the tests performed are infallible. Your attorney will look into the details of your case and find out if any errors were made.

As you can see, there are a number of ways in which a skilled criminal defense attorney can protect your rights and possible have your DUI charges dismissed. Assuming you are guilty just because you took a breath test or failed the field sobriety tests is a mistake you should never make!

DUI Attorneys in Clarksville

If you are facing a DUI charge in Clarksville, you should not hesitate to retain skilled legal counsel as soon as possible. At Patton | Pittman Attorneys, our team of criminal defense attorneys is dedicated to protecting the rights and future of every client we serve. We understand how overwhelming this situation is, which is why we are here to put together the most effective DUI defense strategy for your circumstances.

Get started on your case today and contact our law office at (931) 361-4477 to request your free initial case evaluation with one of our knowledgeable attorneys.

Categories: 
Related Posts
  • Could Drinking Kava Tea Lead to a DUI Arrest? Read More
  • Aggravated DUI in Tennessee Read More
  • What Happens If a Refuse a Breath Test After a TN DUI Arrest? Read More
/

Request a Free Initial Consultation

Call 931-361-4477 or Fill This Form Out to Get the Legal Help You Need
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.