Category: Knoxville DUI

What Constitutes A Field Sobriety Test In Knoxville, Tennessee?

When a Tennessee law officer pulls you over for being under suspicion of a DUI, you may be asked by the officer to get out of your vehicle and perform a sequence of field sobriety tests (FST).  These specific tests are standardized by the National Highway Traffic Safety Administration.  Due to the standardization of these tests, they should be the same three tests no matter where or who pulls you over.  Furthermore, it is expected that these three tests will be given the exact same way.  

Do you have to submit yourself to a field sobriety test?  The answer is no, and you do not have to.  The National Highway Transportation Safety Administration has estimated that law enforcement officials detect impairment incorrectly in nine out of every one hundred field sobriety tests.  Field Sobriety Tests are given solely to “prove” whether or not you are too impaired to operate your vehicle.  The tests are only there to serve the interest of the arresting officer that pulled you over.  Passing all the tests will not necessarily put you in the clear.  The officer can still choose to charge you with a DUI in Tennessee even if you pass all the FST.  The officer that stopped you is not obligated to let you know that you are allowed to refuse the tests.  Usually, it is in your best interests to politely decline to take the FST.

If you do decide to comply and take the field sobriety tests, it is helpful to understand how they work.  The Horizontal Gaze Nystagmus (HGN) is the test where the officer will shine a light in your eye or will ask you to follow his pen or their finger as it is moved from side to side.  They will be looking to see if your eyes move smoothly from side to side, not jerky or jumping.  This is supposed to be the most accurate of the FST because movement from your eyeballs is involuntary.  However, there are at least thirty-eight other health conditions that one could suffer from that would make their eyes nystagmus.  These range from inner ear issues to glaucoma or even excess caffeine intake.   The next test is the Walk and Turn (WAT).  This field sobriety test is where the officer will have you walk a straight line, heel to toe for nine steps.  Then they will ask you to turn and walk it back to them.  This is supposed to show your balance and your ability to multi-task.  If this test is not done on solid, dry, flat ground, then it may not be valid.  Also if the officer did not give you an actual straight line to go by, then the test may not be accurate.  Lastly, the officer will ask you to do the One Leg Stand (OLS) test.  This tends to be the most inaccurate of all the field sobriety tests.  You will be asked to stand and hold one foot up off the ground (at least six inches) in front of you for a total of thirty seconds.  This test too is to show balance, like the WAT.  People with back or leg problems tend to have trouble even sober performing this field sobriety test.  Each of these tests has multiple signs that the police officers are trained to look out for, to indicate impairment of the driver.  If the officer sees these signs and has a breath test, they will use these test factors as evidence that you are too impaired to drive.  This can be due to drinking or impairment under drugs.  You will be charged with a DUI, and if you are convicted, you will lose your license and be forced to pay substantial money in the form of fines.  Plus your daily routine may have to change drastically if you are without personal transportation.

One of the most frequently asked questions we get at our firm is; Can I beat a field sobriety test?  We explain to all our clients that every person and every case is different.  Just as kids perform differently on their school exams, someone pulled over may respond differently than the next on the field sobriety tests.  Also, it is important to note that no two officers are exactly alike.  One may administer the FST different than that of the next.  Field Sobriety Tests to us are a very subjective component to a DUI case.  Field sobriety tests are not infallible, and under some circumstances, they may not even be admissible.  It is possible to build a defense on behalf of a client who “failed” the field sobriety tests during a DUI stop in the state of Tennessee.

Our skilled Knoxville DUI attorneys have many years of experience building defenses as such to help the general public.  We have a great understanding of how the local and state law enforcement administers these field sobriety tests, and we know how to look for the weak spots.  Our law office stays up to date on the ever-changing DUI laws in Tennessee.  We work diligently and aggressively to uphold your rights and defend you from your DUI charge.  Our firm takes pride in helping you and your family rest easy knowing that your best interests are also our shared interests.  We realize not only the financial burden that a DUI can place on you and your family, but we also understand that your freedom is at stake.

At Barnes Law in Knoxville, Tennessee our legal team is awaiting your call to discuss your recent DUI charge.  Our attorneys know the Tennessee DUI laws and can build a strong defense on your behalf.  A skilled DUI attorney at the Barnes Law Firm will guide you through the complicated legal process and fight to have your charges dropped. Call our office today for a free consultation.

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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.