Are there any legal defenses available to fight a DUI charge?

Yes, there are legal defenses available to fight a DUI charge in Tennessee. The most common defense is to challenge the legality of the traffic stop that led to the DUI arrest. In order for a police officer to pull a person over and investigate for drunk driving, they must have a legal basis for doing so, such as observing a moving violation or having reasonable suspicion to believe that someone is driving under the influence. If the police officer does not have reasonable suspicion or probable cause, any evidence obtained as a result of the traffic stop may be suppressed. In addition to challenging the legality of the traffic stop, another way to challenge a DUI charge in Tennessee is to dispute the results of a Breathalyzer test or other chemical testing. This includes challenging the calibration, accuracy, and reliability of the Breathalyzer machine. If the Breathalyzer machine was not properly maintained or an inaccurate reading was given, this could be used to fight the DUI charge. A more uncommon defense to fighting a DUI charge in Tennessee is a medical defense. This defense contends that a medical condition or medication prevented the defendant from understanding the potentially dangerous nature of their actions or from controlling their driving, which in turn led to the DUI charge. Finally, if more than one person was in the car at the time of the traffic stop, the defense may argue that the other person was driving and not the defendant.

Related FAQs

What are the possible penalties for refusing to take a sobriety test?
Is a person's driver's license automatically suspended after a DUI conviction?
What is the legal limit for blood alcohol concentration (BAC) in my state?
Can a person be charged with a DUI after being involved in an accident?
How is a breathalyzer test administered?
What is the process for filing a drunk driving accident claim?
What are the penalties for an open container violation?
Can a person be charged with a DUI even if their blood alcohol concentration (BAC) is below the legal limit?
Can a DUI conviction be sealed or expunged from a person's criminal record?
What are the consequences of a drunk driving accident?

Are there any legal defenses available to fight a DUI charge?

Related FAQs

Related Blog Posts