If you or someone you know has been pulled over and accused of a DUI, you are probably wondering what to do next, and what will happen next.You are no guilty just because you have been charged.
Many people assume the police always do their job, and always do it well. This is no effort to insult law enforcement generally, but things do happen, and the benefit of the doubt never legally falls in favor of the state. The evidence can sometimes be insufficient to convict you, for instance, if the officer did something outside the rules, or if he stopped you without reasonable suspicion. Tennessee law holds that the officer must have reasonable suspicion that a crime is being committed to pull you over. One cannot be pulled over simply because the officer thinks you might be intoxicated - he needs an articulatable (sp) reason. Swerving out of your lane, disobeying traffic laws, and speeding are just a few examples of legitimate reasons to pull you over. You cannot be legally pulled over on a hunch or for even swerving within your own lane.
Unreasonable searches and seizures are prohibited by the Fourth Amendment of the Constitution. Often times, if the facts are otherwise indicative of intoxication, it is the protections of the Fourth Amendment that can result in your charges being dismissed or reduced.
As well, breathalyzer machines must be maintained in certain ways, and certain steps followed, in order for the test results to count against you. The unit used to conduct the test must regularly maintained. You must have been monitored for a period of time prior to the conduction of the test. As well, the test must be validly consented to. If any of these are not satisfied, it is possible that the results of the blood alcohol content (BAC) test could be deemed invalid. Often, this is the state's key piece of evidence against a defendant. A good DUI lawyer familiar with Tennessee law will be sure to inspect, investigate and research every ounce of evidence against you in an effort to defend your rights and keep unconstitutional evidence from being used against you.
As you are being pulled over, recall: there is no moral or legal rule that you ought to give the state any evidence they can use to convict you. No matter how nice he might seem to be, the officer isn't your friend. He's doing his job, and his job is to find law breakers and arrest them. He can often only do this when alleged lawbreakers essentially "turn themselves in" by offering evidence for the state to use against them. You don't need to do the officer's job for him!
Nashville is the second largest city in Tennessee. DUI Lawyers are plentiful, but finding the right lawyer for your case is an extraordinarily difficult process. You must find someone who is experienced, knowledgeable and aggressive. Your rights, and your freedom, depend on it.
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