Can I Get My DUI Charges Dismissed?

If you were arrested for a DUI in Tennessee or Memphis, it is important that you understand what you can expect in this process and the potential legal issues you may face, like license suspensions, jail times, and ignition interlock devices. Many facing a DUI offense wonder if it’s possible to have the charges dismissed. While yes, it is possible to have a DUI charge dismissed, this is only possible under certain circumstances. These cases rely on constitutional issues and procedural compliance. Continue reading and consult with a Memphis DUI defense lawyer to learn whether or not your charges can be dismissed.

Can DUI Charges Be Dismissed in Tennessee?

In Tennessee, it is possible for a DUI case to be dismissed if the prosecution fails to meet evidentiary standards beyond a reasonable doubt or if the evidence they gathered is deemed inadmissible by the court. Dismissals are generally the result of constitutional violations, procedural errors by law enforcement, or unreliable testing.

Under Tennessee Code § 55-10-401, the state must prove impairment beyond a reasonable doubt in order to secure a conviction. If critical evidence is excluded as a result of constitutional violations, procedural errors, or testing problems, the prosecution may be unable to meet this burden, resulting in the dismissal of the case before it proceeds to trial.

When are DUI Charges Dismissed?

• There was no reasonable suspicion for the traffic stop that led to the DUI arrest
• There was no probable cause for arrest
• Chemical testing was administered improperly
• Field sobriety tests were administered improperly
• The officer did not adhere to the required DUI protocol
• Evidence was gathered through an illegal search and seizure
• The prosecution fails to meet the burden of proof as required by Tennessee law

What Must the Prosecution Prove in a Tennessee DUI Case?

In order to successfully convict you of drunk driving, the prosecution must show that you were driving or in actual, physical control of a vehicle while you were impaired or had a blood alcohol concentration of 0.08% or higher, or 0.04% or higher for CDL holders.

Legal Elements of DUI in Tennessee

• Operation or physical control of a motor vehicle
• Public roadway or other location generally open to the public
• Impairment caused by drugs, alcohol, or other intoxicants
• BAC at or over the legal limit

The prosecution must be able to prove each of these elements beyond a reasonable doubt. If any element cannot be proven, the court can dismiss the charges, or if the case still proceeds to trial, the jury may find the defendant not guilty.

Common Reasons DUI Cases Get Dismissed

Dismissals commonly arise as a result of legal violations or evidentiary weaknesses. As such, working with an attorney in your Tennessee DUI case is critical, as they can identify these issues and file pretrial motions on your behalf to fight for the best possible outcome.

Unlawful Traffic Stop

In Memphis and throughout Tennessee, traffic stops generally arise from alleged lane deviations, speeding, or roadblock encounters, all of which must meet constitutional standards.

• No observable traffic violation
• No suspicion of impairment
• Stop based on unreliable tips without corroboration
• Roadblocks were not established in compliance with constitutional guidelines

Lack of Probable Cause for Arrest

• The officer relies on unsubstantiated observations
• There were no documented signs of intoxication or impairment
• The arrest was made before testing was complete

Breathalyzer Errors

Under Tennessee law, breath testing is required to meet administrative standards that regulate calibration, certification, and maintenance of devices. Failure to meet these standards can result in the test results being deemed inadmissible, thus impacting the prosecution’s case.

• The device was calibrated improperly
• The officer was not certified to conduct the test
• The officer failed to conduct an observation period prior to testing
• The readings were inconsistent and exceeded acceptable variations
• Device maintenance logs are missing or inaccurate
• The officer failed to follow the Tennessee Bureau of Investigation (TBI) procedures

Improper Field Sobriety Testing

• The test was administered on uneven or hazardous surfaces
• The defendant has medical conditions that were ignored
• The officer failed to provide accurate instructions
• The tests were not conducted in accordance with NHTSA standards

Can My DUI Charges Be Reduced Instead of Dismissed?

If you cannot get your charges dismissed, then a reduction is your next best option. When you hear people say that their charges were reduced, it means that the prosecution originally charged them with one crime, but they changed it to a less serious offense, generally with less significant consequences. In some cases, the prosecution may reduce these charges to a reckless driving offense.

What Is a “Wet Reckless” In Tennessee?

• Reduced charge that acknowledges involvement of alcohol
• Class B misdemeanor offense
• Lower fines compared to a DUI
• Shorter jail exposure
• Shorter or no license suspension
• May reduce the long-term impacts typically associated with a DUI offense

What Are the Penalties for a Tennessee DUI?

Unfortunately, many people incorrectly assume that a first-offense DUI in Tennessee will result in little more than a slap on the wrist and stern warning. However, these charges are taken seriously by the state and are penalized harshly, which is why working with an experienced attorney to represent you is critical to fighting for the best possible outcome for your circumstances.

Potential First-Time DUI Penalties

• Minimum of 48 hours in jail, with the possibility of 7 days for those with a BAC at or over 0.20%
• Fines ranging from $350 to $1,500
• License suspension of up to one year
• Mandatory participation in a DUI education course
• Mandatory installation of an ignition interlock device
• Probation

What Should You Do After a DUI Arrest in Tennessee?

If you have been arrested for a DUI in Tennessee, it’s important to understand how to proceed. The steps and actions you take in the aftermath of an arrest can have a significant impact on the outcome of your case.

Steps to Protect Yourself

• Do not speak to the police without first consulting an experienced criminal defense attorney
• Request a copy of the police report
• Document medical conditions that could have impacted the outcome of the test
• Ensure you know all deadlines for court appearances and license suspension hearings
• Do not discuss the case publicly

Contact an Experienced Tennessee DUI Attorney Today

If you were arrested for a DUI in Memphis or anywhere in Shelby County, evaluating the legal compliance of your stop and the strength of the evidence against you is critical. While a reduced charge will not absolve you of all responsibility for a DUI, it will significantly benefit your future and everyday life. At Ballin, Ballin & Fishman, P.C., our team will explore all avenues to help you fight for the best possible outcome for your unique circumstances. When you need help, contact our legal team to learn more about your rights and options.