People accused of drunk driving may be arrested after causing crashes or swerving dangerously on a busy road. Others may face driving under the influence (DUI) charges when a traffic stop that began for a different reason leads to questions about alcohol consumption and chemical testing.
If a driver fails a chemical test, they may face a per se DUI charge. The state does not need to show that they struggled to drive safely but only that they were over the legal limit for their blood alcohol concentration (BAC). Driving with an elevated BAC is a crime on its own, regardless of other details about the situation.
Tennessee state statutes impose a 0.08% limit on adults driving their own vehicles and a limit of 0.04% in cases involving people operating commercial trucks. How can people fight DUI charges brought on the basis of failing a chemical test?
Providing a medical explanation
Some people may have medical conditions or prescription medications that could impact the accuracy of breath testing. Even special diets can trigger artificially high BAC test results. From asthma inhalers to unmanaged diabetes, certain medical issues can directly influence the accuracy of breath testing.
Reviewing police records
Technical issues regarding law enforcement practices can impact the reliability of breath test results. Police officers need to have undergone appropriate training. Police departments also need to ensure that they properly maintain devices, including regularly calibrating them for accurate readings and keeping the software updated.
Gaps in training and maintenance records can help raise questions about the accuracy of the test results. The courts may then agree to exclude the chemical test, which may weaken the state’s case or result in a dismissal of charges.
Questioning the traffic stop
Police officers need a valid legal reason to stop people in traffic. Suspicions due to their proximity to a popular bar or being on the road at 2:15 in the morning are not sufficient reason to stop drivers in traffic. If the traffic stop wasn’t legal, the prosecutor may not be able to use any of the evidence gathered during the stop.
Consulting with a DUI defense attorney can help drivers accused of intoxication on the road explore options for fighting those allegations. The right defense strategy can result in a not-guilty verdict, a reduction in charges or even the dismissal of the case at issue.
