Driving under the influence (or DUI) is one of the few crimes in Tennessee which is often committed by ‘non-criminals’, meaning they are individuals who do not have a criminal history at all or have little criminal history. These citizens often have no tendency to commit violent crimes and the crime is just as likely to be committed by a member of any socio-economic faction. Aside from a traffic citation, DUI is perhaps the one crime that even upstanding members of society may commit and because of that, it’s perception as to its degree of seriousness is undermined. The consequences of drinking while driving in Tennessee are not only being arrested, but potentially deadly for both the driver and others around the driver.
DUI charges in Tennessee are also unique in that the prosecution of the case (in situations where there is neither a breath test nor blood test conducted) is largely based upon a police officer’s opinion. In the prosecution of most crimes in Tennessee, there is substantially more evidence (either tangible or testimonial) which is collected during the investigative process which leads to the prosecution of the crime. For example, the Nashville assistant district attorney in an aggravated robbery case may present as evidence the weapon which was used, as well as the testimony of the victim. With a DUI charge in Tennessee, often the only evidence presented by the assistant district attorney is limited to the police officer’s testimony and any blood or breath test results (if taken). Although, these police officers have been trained specifically to conduct sobriety tests, the fact remains that it is often only their opinion that you were intoxicated at the time you were operating the vehicle. The sobriety tests must be followed precisely to yield accurate results which makes it that much more important to have a competent DUI lawyer examine your case and discuss possible defenses to your DUI charge prior to going to court.
If you have been charged with a DUI in Nashville or a surrounding county, call our office now to discuss your case with a DUI lawyer.