What is a DUI? How Can a DUI Lawyer Help Reduce Your Charges?
Driving Under the Influence (DUI) is a crime that occurs when someone drives a vehicle while intoxicated, on drugs, or while under the influence of other substances. Definitions and penalties depend on specific circumstances and vary from state to state. There are some pretty harsh consequences for a Tennessee DUI charge, including fines, revocation of driving privileges, possible jail time, and a criminal record.
The initial DUI can affect you in your work, income, insurance, and driving. Things can get complicated if the accident happened, injuries were incurred, or previous DUI convictions were involved.
It is advisable to be aware of your rights early on to make informed decisions about your defence. A DUI Lawyer can explain the circumstances of your arrest, weaknesses of the prosecution’s case, and your options.
What Can Cause a DUI Charge?
There are a number of situations that come under the DUI laws. An understanding of what could result in a charge will help you to understand what you are charged with.
Driving After Drinking Alcohol
Alcohol can affect reaction time, coordination, judgment, and attention. The general legal blood alcohol concentration (BAC) in Tennessee is 0.08% (certain drivers have different BAC limits and rules). A person can be charged with a DUI even if he or she is impaired but hasn’t yet reached a BAC limit.
Driving While Impaired by Drugs
A person may be impaired by prescription drugs, illegal drugs, or drugs in his or her system. Even if a person has a valid prescription, that doesn’t automatically mean they aren’t charged with DUI if the medicine they were taking affected their ability to drive.
Refusing a Chemical Test
In Tennessee, there are implied-consent laws that may have consequences if a driver refuses a chemical test when it is lawfully required. If a refusal is made, an additional penalty related to the license may be applied, as facts and law dictate.
How Does a DUI Lawyer Assist You in Decreasing the Costs?
When you get arrested for a DUI, you may be worried about your future, but there is more to the charge than it appears. A defence strategy is based on the evidence, the law, and the facts of your case.
A DUI Lawyer can analyze those details to see if there are holes in the prosecution’s case or if any other options can be considered in reaching a better resolution.
What is a DUI? How can a DUI Lawyer Help Get Your Charges Reduced?
1. Look at the Legality of the Traffic Stop.
Typically, police officers must have a legal basis for stopping a vehicle. It can be based on actual traffic violations or a reasonable suspicion of criminal activity or other legitimate reasons.
A lawyer will be able to examine the officer’s report, any video footage shot, witness statements, and other documents to determine if the stop was lawful.
Your lawyer may be able to attack evidence that was obtained from a stop that violated your constitutional rights. If there is an issue with the prosecution’s ability to prove the charge due to the exclusion of important evidence, there could be a change in the sentence. This will depend on the facts and the determination of the court.
2. Review of Breath and Blood Test Results
Chemical test results are an important piece of evidence in DUI cases and should be carefully considered. Equipment, blood sample collection methods, testing methods, and record-keeping processes, among other areas, can be subject to investigation.
Your DUI lawyer will be able to review the testing procedure to see if it met the requirements and if the results are supported by good evidence. This can involve equipment maintenance, testing protocols, sample preparation, or interpretations of the results.
If the evidence is actually substantive and there is a problem with it, it can be used to attack the prosecution’s case. But a testing problem does not necessarily negate a result or entitle a reduction in charge.
3. Contesting Field Sobriety Test Evidence
When conducting an investigation of suspected impairment, officers may request drivers to complete field sobriety tests. These tests can be used to determine coordination, balance, and other observable signs, but the results are not necessarily definitive.
Medical conditions, injuries, fatigue, uneven surfaces, footwear, weather, and instructions can all influence an individual’s performance.
A DUI defense attorney will be able to check to see how the tests were conducted and if the officer properly documented the results. If the observations are not consistent with the allegations, this may be cause for the evidence to be disputed or negotiated for an alternate disposition.
4. Discussion of potential reduction of charge
Sometimes, a lawyer can try to discuss the case with the prosecutor to attempt to reduce the original charge. This is not always available, depending on the evidence, alleged conduct, defendant’s history, and the law.
For example, a prosecutor may have a charge he or she feels is more fitting for the evidence than the original charge if the evidence does not reasonably point to the original charge but rather to a charge of another crime also legally applicable to the evidence. These may be very different from one jurisdiction to another and from one case to the next.
An attorney will be able to point out any weaknesses in the evidence, talk about the facts and conditions, and evaluate any offers. A reduction will not be guaranteed, and some DUI cases may not be eligible for a reduced charge pursuant to state law.
5. Rights Protection During the Case
DUI may have court dates, deadlines, license matters, and ramifications that may impact your future. A statement given to investigators, failure to make a deadline, or an uninformed plea decision can make the defense more complicated.
A DUI lawyer is able to explain what the accusations are, discuss the possible outcomes, build a case, and inform you of your options at every stage of the process. The DUI lawyer may assess the prosecution of the case after a failed negotiation, if a satisfactory outcome is not achieved.
Advice at the very beginning can prevent you from making any mistakes and ensure that you do not make any assumptions about the case.
Factors that May Lead to Lower DUI Charges?
Not all the facts and/or legal issues are identical in DUI cases. There may be several factors that affect whether or not a reduction can be made.
- Strength of the evidence – If the police reports are inconsistent, if testing is unreliable, or if evidence is missing, it could impact the prosecution’s case.
- Previous DUI convictions may result in heightened fines and penalties, and may limit options.
- Accidents or injuries: If a case results in a significant injury or death, or other complicating factors, charges may be harsher and negotiations restricted.
- Legal and procedural issues: Legal or procedural issues surrounding the traffic stop, test, or evidence may provide a basis for challenge.
- Applicable state law: Tennessee law will be used to determine what charges, penalties, and potential resolution may apply.
Before your attorney can assess your options, she needs to have a full understanding of the situation. What works in one scenario may not work in another.
Will a DUI Impact Different Criminal Charges?
If a serious injury accident occurs, there can also be other criminal charges if the evidence and the law deem it necessary. A Criminal Lawyer can assist in assessing whether there are multiple charges and how each charge can affect the other and the potential penalties that will result from each charge.
Different legal strategies are needed for other offenses. A Violent Crime Defense Attorney can work on an assault charge or other violent motives, and a Felony Defense Attorney can work on a serious crime that could result in long years in prison. A Domestic Violence Defense Attorney specializes in cases that concern domestic or family relationships.
If you are facing more than one charge stemming from the same incident, it is important to know the legal implications of each charge before determining how to proceed.
What Happens After the DUI Arrest?
There are things that you must do after you are arrested, which will impact your ability to mount a defense. Think about the following actions:
- Be familiar with the deadline for your court and license. Read any papers that are received and respond to any applicable deadlines.
- Do not comment publicly on case information. If evidence exists, it can be problematic when social media posts or informal statements are included.
- Preserve relevant information. Retain arrest papers, test documents, and other records that could be useful to your attorney in evaluating the case.
- Be accurate in speaking with your attorney. Do not withhold details of the stop, testing, and arrest from your attorney to keep them from evaluating any problems.
- Consult a lawyer as soon as possible. An attorney will be able to outline the process, highlight issues that can’t be delayed, and options for defense.
These steps won’t ensure a specific outcome but may allow you to get a better sense of your rights and responsibilities surrounding the case.
About John R. Hill Law
John R. Hill Law defends individuals charged with a crime in Lebanon and Middle Tennessee. If you have been charged with DUI and risk losing your driving privileges, your financial standing, or your future, it is important to know your legal options first.
John R. Hill prosecutes criminal cases with an eye toward the facts of every case, the law, and the consequences of various legal choices. The defense plan should be based on the case at hand, whether it be DUI, drug offenses, domestic violence allegations, or other types of criminal charges.
When a person is charged with a DUI, they should reach out to John R. Hill Law and find out what lawful alternatives may exist. Early information will help you to understand what to do and get ready for next steps.
Conclusion: Know Your Options After the DUI Charge
The uncertainty about your license, money, job, and future that comes with a DUI charge can be overwhelming. But the preliminary claim does not mean that it is the final claim. How a case will proceed depends on the evidence, legality of the investigation, and the law.
A DUI Lawyer will be able to examine the traffic stop and the results of the chemical tests, contest unreliable evidence, and assess if a reduction or alternative resolution is legal. While a lawyer cannot promise to have charges lowered, a smart defense can help you to make informed decisions regarding your case.
John R. Hill Law can help you understand your legal options if you are charged with a DUI in Lebanon, TN, or anywhere else in Middle Tennessee. Call the firm to discuss what has happened and what to do going forward to defend yourself.
Frequently Asked Questions
1. Will a DUI Lawyer be able to lower my charges?
When there are grounds, evidence, circumstances, and law that support reduced charges, a lawyer may be able to negotiate this. The attorney can also dispute evidence and may find legal issues that impact the prosecution’s case. But that doesn’t mean that a reduction will be automatic.
2. What are the chances of getting a DUI charge reduced in Tennessee the first time?
In some cases, a reduction might be available, but it will be based on the facts, evidence, and Tennessee law. Reduced charges and alternative outcomes are not guaranteed to first-time offenders. An attorney will be able to investigate the situation and let you know what your options are.
3. A DUI Lawyer can challenge what evidence?
A legal expert will examine the legality of the traffic stop, observations, field sobriety tests, blood or breath test results, and evidence. The facts and the law will determine the success of a challenge.
4. Will I lose my driver’s license if I’m charged with a DUI?
Being arrested for, or convicted of, DUI can have an impact on your driving privileges. The outcome depends on the laws of the state, the seriousness of the violation, whether it has occurred before, and any administrative processes that may exist. Discuss with your attorney deadlines and any licensing issues that may be available.
5. Need to have a DUI Lawyer at my first court appearance?
It is crucial to speak to the law firm as soon as possible to get information on the charges, to preserve any evidence, to meet deadlines, and to prepare for court. An attorney can outline your options prior to making crucial choices about a plea or defense strategy.