Month: July 2017

dui charge knoxville tn defense lawyer knoxville tn

Common Misconceptions About Being Charged with a DUI in Tennessee

Most people when they first begin to look for DUI lawyers and information on the subject are emotionally distraught.  They are confused, angry, embarrassed, and even sometimes feel hopeless.  These emotions are to be expected, and they merely mean that you are like most others facing a pending DUI charge in Knoxville, Tennessee.  Going through the actual act of being arrested is a terrible experience to handle.  Remember that all these feelings are normal, and fearing the unknown is natural following an arrest.  Fortunately, there are attorneys available to talk to that understand all the legal jargon and are non-judgmental.  Our attorneys at Barnes Law are here to help you and your loved ones deal with your DUI charge.  We are here to not only help guide you through the complicated legal process of a DUI case, but also to help alleviate some of your worries and anxiety that come along with these type of situations.

If you have recently been arrested and charged with a DUI or DWI in the state of Tennessee, then it is imperative to understand the possible ways to fight your charges.  Driving under the influence charges in the state of Tennessee are grave matters, and you need to react promptly following your arrest to give you the best chance to beat your DUI case.  If you were recently arrested for a DUI charge and it is your first offense, there are some preventative steps that you can take to avoid the Ignition Interlock Device (IID) and the high price tag that goes along with it.

A common misconception about being charged with a DUI in Tennessee is that you are automatically found guilty if you fail the breathalyzer or the roadside sobriety field tests.  There is always room for human error when operating breathalyzer machines and giving field sobriety tests.  There have been multiple cases fought where the officer’s error or mistakes have been revealed, and the DUI cases have been dismissed.  This is why having a skilled Tennessee DUI attorney by your side throughout the legal process is valuable to get the results you need.  At Barnes Law Firm in Knoxville, we have experience in dealing with all different DUI case situations and can help you fight for your rights when burdened with a DUI charge.

By receiving a DUI/DWI charge in the state of Tennessee, it is very likely that you had to provide a urine or blood sample in addition to the breathalyzer test.  The police may have taken you to a hospital to get your blood or urine test.  No matter how disappointed or discouraged you are in the moments closely following your DUI charge, it is important to have your arrest details examined by a professional Tennessee DUI attorney.  By gaining legal counsel from a DUI attorney, you are equipping yourself with the best possible way to fight for dropped charges and help you find the advantages within your particular case.  Our competent DUI attorneys are known for finding mistakes and using tried defense strategies to help fight your DUI charges.  Having one of our DUI attorneys look over your case as soon as possible after your arrest can only assist you in maximizing your chances to beat the case.  Our attorneys are familiar with all the tests officers administer during a DUI stop, and they know what to look out for in DUI cases.

While there are common indicators that can be relative to alcohol impairment, this may not always be the case for every person who gets charged with a DUI in Tennessee.  For instance, an unusual driving pattern could be caused by a mechanical defect or dangerous road conditions.  The odor of alcohol is usually consistent with its recent consumption, but that does not always mean proof of impairment.  Just because someone has had drinks does not necessarily mean that they are impaired.  Having bloodshot or glassy eyes can be an indicator of being over-tired or fatigued, but there are many other reasons one’s eyes may look this way.  Some people have glassy eyes from being around a smoky environment.  Dental or medical issues may be the cause of slurred speech, not necessarily impairment.  When doing roadside tests, a lack a balance could be from road conditions, footwear, or medical conditions.  Sometimes being unable to locate your documents such as registration for the officer is just out of nervousness.  Some individuals react nervously when speaking to law officers no matter what the circumstances are.  Remember that all hope is not lost just because of the DUI charge you received.  If you are charged with a DUI, it is very important to gain the services of a skilled Tennessee DUI attorney to help you find all the possible ways to get your case dismissed.  Our Knoxville DUI attorneys will let you know what to expect and will provide you personalized legal service for your specific DUI case.

Often mistakes are made in DUI cases due to human error on the arresting officers or intake’s part.  Proving these type of elements can be very difficult especially in a Tennessee DUI court.  If you or your attorney can show the mistakes made by the arresting officers at any point in your DUI case, then you have significantly increased your chances of winning your DUI case.  Our attorneys have experience in exposing the common mistakes made by arresting officers.  Usually, these mistakes or errors are made by the officer in his documentation or the collecting of blood, breath, or urine samples.  Sometimes in DUI arrests, the field sobriety tests are not administered properly.  Once one of our skilled Barnes Law attorneys has reviewed all the details of your particular DUI case, they will discuss defense options and strategies with you to help you fight to beat your DUI charge.  Tennessee DUI laws are always changing, making it even more necessary for you to obtain reliable legal counsel from an experienced DUI attorney. 

Knoxville Tennessee DUI Attorney

How Do I Beat DUI Charges in Knoxville, Tennessee?

Far too many people make the mistake of accepting a plea bargain when they don’t have to while facing Knoxville, Tennessee, DUI charges. There are cases where this will give you the best outcome, but if you can successfully fight the charges, then you absolutely should. This is because the impact of a DUI conviction on your life is significant. It can prevent you from being able to travel to other countries, from being able to keep your job or pursue other career paths, and even from being able to maintain auto insurance coverage on your vehicle. It is important to have a Knoxville, Tennessee, DUI attorney look at your case and explore your options before you give in to these consequences. Barnes Law knows how to handle a DUI case and how to fight the charges to protect your future. Following are some of the things we think you need to be aware of when it comes to fighting DUI charges.

The Prosecution Has the Burden of Proof for a Knoxville, Tennessee, DUI Case

It’s essential for anyone who is facing a DUI charge in Knoxville, Tennessee, to fully understand that if the case goes to trial, the prosecution has to be able to prove your guilt beyond a reasonable doubt. They have the burden of proof. It is not up to you to prove that you were not driving under the influence. It is up to them to prove that you were. This means that their evidence has to be infallible and inarguable. If there is any reasonable doubt, you should not be convicted. Thus, your Knoxville, Tennessee, DUI attorney must look at establishing reasonable doubt to poke holes in the evidence that the prosecution will present in their effort to prove that you are truly guilty of a DUI.  If there are any issues with the reliability of the tests used to measure your level of intoxication, or if there are any issues with the arrest and legal procedures during that process, then you may have a solid leg to stand on when it comes to fighting a DUI charge.

Could the Results of Your Blood Alcohol Test Be Thrown Out as Evidence?

When you have a blood alcohol content reading on file, it can seem like the situation is completely hopeless.

Knoxville Tennessee DUI Attorney
If you are fighting a DUI, don’t fight it alone. Contact Barnes Law today!

However, there are many situations where this evidence can be questioned and even thrown out. Imagine if the strongest evidence against you is determined to be unreliable obtained and not allowed to be presented at trial. It suddenly makes you see your case in a whole new light. If the BAC reading cannot be relied upon for any reason, then it can’t be used. Then, what exactly do they have against you to prove beyond reasonable doubt that you were driving under the influence? Common examples of why a BAC reading might be thrown out include:

  • The machine was not properly calibrated.
  • The machine was not properly maintained.
  • The test was not properly administered.

Could the Procedures of the Arresting Officer Keep You From Being Convicted on DUI Charges?

Many people are also unaware of the fact that the arresting officer has to follow certain procedures in order for the arrest to be legal. Police are just as prone to slip ups and mistakes as others are, so it is entirely possible that the officer who arrested you did so without just cause or without following the appropriate procedures. If this happens, then reasonable doubt could be easy to establish.

A Qualified Knoxville, Tennessee, DUI Attorney Can Help You Fight the Charges

Whenever someone is charged with a DUI in Knoxville, Tennessee, it is common for the accused to think that they are without options and without hope. They may think that cooperating with the police and/or admitting guilt is their best opportunity to get out of the charges with the least severe consequences. The reality is that you can’t know that for sure until you talk to a qualified, skilled, and experienced attorney. Not every attorney will have the time or expertise that your case requires, so you want to choose the right lawyer or law firm to handle your case. Seek a free consultation with the at Barnes Law to find out how we can help you to avoid the consequences of DUI charges by fighting. If it is truly in your best interest to plead guilty, then at least you will know that all alternatives have been investigated, pursued, and considered before doing so. There is a very good chance that your attorney can get evidence thrown out, charges dropped, or other intervention options obtained.

Remember that You are Not Guilty of a DUI Just Because You Were Arrested

Being charged with a DUI in Knoxville, Tennessee, is a stressful and overwhelming situation that you don’t want to face alone. From the moment of your arrest, you can expect to feel anxious and even hopeless about your future. You may be very tempted to give up, give in, and cooperate with the police and the prosecution to achieve their goals instead of your own. Don’t make the mistake of assuming that you are going to be found guilty because you were arrested, and never think that helping the prosecution is going to help you. In most cases, this is not so. The prosecution may lead you to believe that your cooperation is the only thing that will save you, but the reality is that you could end up just helping them to put you away and ruin your future. All the while, simply consulting with a skilled Knoxville, Tennessee, DUI attorney could be the answer you’re looking. Call Barnes Law to schedule a free consultation and learn more about your rights and your options with DUI charges.