Learn About Tennessee DUI

DUI means driving under the influence of illegal substances or alcohol. It is sometimes also called DWI and OUI (Operating Under the Influence). If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.

A DUI sounds pretty open and closed doesn’t it…Driving Under the Influence. Pretty obvious and straight forward, right?

Let’s look into this seemingly obvious definition of DUI in more elaborate detail to illustrate a few conceivable areas where well-prepared lawyer can attack a DUI charge.

Driving Requirement

The requirement of driving or operating suggests that the operator of the vehicle must have some sort of control or command of the vehicle. Innocence or guilt may depend on whether the defendant was actually “driving” in a particular circumstance. What if she or he was just sitting in the driver seat but it was off? What if the defendant was napping there? What if the keys were in their pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts through out the nation have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary state to state and by the individual circumstances. Vehicle Requirement Vans, trucks and cars are clearly considered to be vehicles for drunk-driving law purposes. However, individuals have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles considered differ by state. Intoxication One way prosecutors attempt to prove driver intoxication is through scientific analysis of the amount of alcohol in the body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a BAC (blood-alcohol concentration over .08 is considered intoxicated.

Implied-consent laws create the legal presumption that if an individual takes advantage of the privilege of operating a vehicle, she or he automatically consents to a chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take blood-alcohol test, his or her license may be retracted or suspended.

Blood alcohol content test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the testing protocol or problems with the materials used for testing. Your lawyer may advise retesting of the defendant’s breath sample. He or she may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the casecompletely.

Other types of evidence that can be used by prosecuting attorneys to show intoxication include drivers’ statements, police and witness observations of behavior of driving patterns of circumstantial evidence. An example of appropriate circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were engaged in.

Police also gather important evidence of inebriation by administering standard field sobriety tests (FSTs) at traffic stops. Common field sobriety tests include:

* Finger-to-nose test

* One-legged stand

* Walk-and-turn test

* Horizontal-gaze-nystagmus test

* Picking up coins

* Counting backwards

* Reciting the alphabet

* Throwing and/or catching a ball

Conclusion

Driving is the basis of the American lifestyle, permeating every activity we do. We counton driving to get to work, to associate with friends, to run errands and to take a vacation. Licensed drivers commute children, people with physical disabilities and the elderly to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a plausible problem with drinking while driving, a lawyer can fight for you and help defend your interests and those of your loved ones.

Also check out these highly relevant links: Tennessee DUI Legal and Legal Marketing.

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