So you’ve been hit with a DUI charge. A conviction for Driving Under the Influence can carry some serious consequences – from sizable fines to having your driver’s license suspended to even jail time. We understand that can be overwhelming and alarming, but you’re not without options.
In some instances, it’s possible to get that charge reduced or even dropped. At DUI Divas, we’re well acquainted with Tennessee DUI law. Let’s walk through the potential outcomes and how your specific circumstances could affect your case.
Driving Under the Influence in Tennessee
In Tennessee, Driving Under the Influence, or DUI, means that you were operating a vehicle while impaired by alcohol or drugs with a blood alcohol concentration, or BAC, of 0.08% or higher.
You can be arrested for driving impaired based on officer observations, field sobriety tests, or breathalyzer results as evidence of intoxication. A BAC test is not always performed and not always necessary for an arrest.
Challenging the Evidence
In Tennessee, a prosecutor must prove beyond a reasonable doubt that you were operating a vehicle impaired. One of the easiest ways to cause doubt is to challenge the evidence from the stop and arrest. We discuss some of those ways below, but any issues with why the officer initially stopped you, how the field sobriety or breath tests were administered, or any other circumstances arising during the stop could weaken the evidence against you.
Can I get DUI Charges Dropped?
Short answer: Possibly.
Long answer: It depends on the evidence laid against you, but there are avenues to getting the charge dismissed altogether. Those defenses largely deal with finding fault with the stop and arrest themselves.
- Improper Stop: This means the stop itself was invalid. An officer must have probable cause, meaning that he or she had reasonable belief that you were driving impaired or committing a traffic violation, to pull you over. Without probable cause, the initial stop is unlawful, and any evidence garnered from the stop could be deemed inadmissible against you.
- Improper Testing Procedures: Breathalyzer, field sobriety, and blood tests are not always 100% accurate. Breathalyzers need to be calibrated regularly and administered properly to render accurate results, and any issues with the machine could render the results invalid and inadmissible. Likewise, field sobriety tests are subjective, based on the officer’s observations, and any suspicions that they were not given properly could also be used to challenge the arrest.
- Rising BAC: It is possible for your BAC to be below the legal limit while you’re driving and to rise by the time you’re tested. This is called Rising BAC and can be used in your defense to prove that you were not impaired at the time of operating the vehicle.
- Medical Conditions: Certain medical conditions can influence any tests done during a stop and make them inaccurate. Diabetes and gastroesophageal reflux disease (GERD) are some such conditions that could get tests used to arrest you taken out of the case.
Can I Get DUI Charges Reduced?
Short answer: Possibly, again.
Long answer: Sometimes, getting the charge dropped entirely is not possible. That doesn’t mean you’re out of options though. With a good defense attorney in your corner who understands the evidence and Tennessee law, it could still be possible to get your DUI charge reduced to a lesser charge, like reckless driving. This could mean lowered fines and no mandatory license suspension, in addition to no jail time. Of course, the exact outcome would depend on the details of your specific case, but a knowledgeable and experienced DUI attorney would help you get your best outcome.
Pleas, Priors, and Penalties
When trying to get your charge reduced or when facing particularly overwhelming evidence against you, a plea bargain might be the best route to lessen the consequences of a DUI charge.
A plea bargain is when the prosecutor and the defense come together to agree to a reduced charge in exchange for you pleading guilty. A charge for reckless driving, as we mentioned above, is one such reduction. The exact plea offered would depend on the nature of your case, but we would look at all possible options – which could include probation, alcohol education classes, or other conditions.
One big factor that could complicate the plea bargain process is if you have prior convictions. Repeat DUI offenses are taken very seriously in Tennessee, which could mean that you’re facing even harsher penalties for subsequent offenses. That could mean mandatory jail time, your license suspended for longer, and heftier fines. If you have prior offenses, we would work to offer conditions like attending an alcohol treatment program or serving a set amount of hours of community service in exchange for reduced penalties.
How We Can Help
A good attorney can make all the difference when you’ve been hit with a DUI charge. As skilled criminal defense attorneys, we are prepared to fight for the best possible outcome for you. Contact us today at XXX-XXX-XXXX or at xxxx@xxxx.
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