When a person is caught driving while drunk or intoxicated, they may be arrested on a driving under the influence (DUI) charge. If convicted of this type of charge, the individual will need to pay large and hefty fines, they may lose their license, and may even spend time in jail.

If you are facing a DUI charge, it is crucial that you reach out to a Knoxville DUI defense lawyer who knows how to represent you and handle these types of cases. At Banks & Jones, we are aware of several different DUI defense strategies that we may be able to use to help you get the best results possible for your case. Here are five of the DUI defenses based on procedural errors we may employ on your behalf:

1.     We will challenge the basis of your arrest

One of the first things that our DUI defense attorneys will look at is your arrest. We will analyze the circumstances and facts surrounding your arrest and determine if there were any issues; for example, if the police officer conducted an illegal search of your vehicle. Another problem that we will be looking for when it comes to your arrest is if the officer had probable cause to put handcuffs on you and take you to the police station. Probable cause is found in the Fourth Amendment and means that the officer has “reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search).” The officer must have sufficient evidence that caused them to believe you were drunk driving.

2.     The officer did not have probable cause to pull you over

When looking at probable cause, we will also determine if the officer had a legitimate reason to pull you over. You must have been speeding, violating a specific law, were missing a taillight, or something similar. The Fourth Amendment protects you from being pulled over without reasonable suspicion. Therefore, a police officer cannot simply stop a vehicle because they “feel” like you are committing a crime, or they are guessing that you may have done something illegally. Instead, the officer must be able to show the specific reason that they pulled you over to justify the traffic stop, as well as the search or evidence they obtained from your vehicle or person.

3.     We will look at and assess the field sobriety tests and breathalyzer test

If a police officer suspects that you are drunk driving, they will most likely conduct field sobriety tests, such as asking you to stand on one leg, walk a straight line and turn, and participate in a horizontal gaze nystagmus test. However, our DUI lawyers at Banks & Jones know that these tests are not reliable when it comes to showing that an individual is drunk driving. We will find ways to show that you have a medical condition, physical impairment, heartburn, or other issues that caused you to fail one of these tests. According to the FieldSobrietyTests.org, the walk and turn test is usually only 68 percent accurate, the one-leg stand test is only 65 percent accurate, and the horizontal gaze nystagmus test is only 77 percent accurate.

In addition to that, we will look at the way these tests were administered by officers. They must be given the same way each time to be a valid or accurate test for DUI impairments. Our attorneys are experienced, skilled, and knowledgeable when it comes to these tests. Therefore, we will use our resources and tools to show that your officer did not properly administer the tests.

4.     We will determine if you were provided the opportunity to contact a lawyer

Tennessee Code 40-14-102 states that “every person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for the person’s defense, as well as to facts as to law.” This means that every person has the right to speak with a lawyer before or after being detained. When an individual is accused of a DUI, it is crucial that they speak to an attorney as soon as possible to find out their legal options. If they are not given this right, their DUI case may be dismissed. Therefore, if our Knoxville lawyers find out that our client was not offered the right to consult with an attorney, we will prove that they were deprived of this right, which may dismiss their charges.

5.     Your Miranda Rights were not read to you

It is critical that the law enforcement officers read the Miranda Rights to you. Miranda Rights are required to be read before you are placed in custody and interrogated. These rights express that individuals have the “right to remain silent; that anything he says may be used as evidence against him; that he has a right to counsel; and that, if he cannot afford counsel, he is entitled to an appointed attorney.” These rights do not have to be word-for-word when the officer explains them to you, but they do need to be told to you. If they did not read you your Miranda Rights before speaking with you for a DUI, anything you say to them could be considered invalid evidence. This means that the court will likely throw out your statements.

The DUI defense lawyers at Banks & Jones take great pride in helping clients handle their DUI cases in Knoxville, TN. Our team will stand up and defend you in court as well as ensure that your rights remain protected at all times. These types of cases can be very complex, which is why you need a DUI defense attorney by your side throughout the entire process. Please do not wait to call our office or submit our contact form at your earliest convenience to get the guidance and support that you need. Our Knoxville attorneys examine every detail of your case because we Fight 2 Win!