Driving under the influence is a serious charge in the State of Tennessee. Besides jail time for the underlying offense, it can have long-term effects on your record and your ability to move about freely. However, just because prosecutors have charged you with a DUI does not mean that you can’t win. In fact, judges may simply dismiss your charges if given sufficient reason to do so. For more information on how to get your DUI case dismissed in Tennessee, please read on, then contact an experienced Memphis DUI defense lawyer. You may have your Tennessee DUI case dismissed if:
The arresting officer did not administer the breathalyzer test correctly
A breathalyzer is a tool that measures blood alcohol levels through a simple breathing device. That said, these tools are not foolproof. The first thing you should understand is that breathalyzer machines must be calibrated on a yearly basis. You should also note that tests must be conducted in a certain way and operators must be certified to perform these tests. Further, if a breathalyzer gives an inconsistent result (two readings for the same individual that are more than .020 % apart) it will have to get recalibrated before it is used again. Finally, law enforcement is required to keep a log of all breathalyzer results.
The arresting officer did not follow legal procedures
Any officer who makes an arrest for driving while under the influence is required to administer both the breathalyzer test and any field sobriety tests in accordance with the law. When they perform these tests incorrectly, it can potentially render their results inadmissible in court. Our firm has extensive experience challenging DUI charges here in the state of Tennessee, and we are prepared to put that experience to work for you in your case.
If you would like to learn more about DUI charges in Tennessee or you need a lawyer who can help you challenge the charges you’re currently facing, please don’t hesitate to speak with the competent attorneys here at Ballin, Ballin & Fishman, P.C. We are here to guide you through each step of the process.
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If you need assistance with a personal injury, criminal, or business litigation matter, contact Ballin, Ballin & Fishman, P.C. today to schedule your free initial consultation with our experienced legal team.
