The Top 5 Mistakes to Avoid When Facing DUI Charges in Tennessee
A DUI charge is a serious criminal offense that happens when an individual operates a vehicle under the influence of alcohol or drugs, presenting a significant risk to the driver, passengers and other drivers. Driving under the influence of prescription or over-the-counter drugs can also lead to DUI charges.
To assist you in navigating this challenging situation, we have compiled a list of the top seven mistakes to avoid when facing DUI charges in Franklin, Tennessee. By avoiding these common mistakes, you can increase your chances of winning a favorable outcome in your case.
- Not hiring a lawyer: One of the biggest mistakes people can make when facing DUI charges in Tennessee is failing to hire a lawyer and representing themselves in court. Though you may feel like a single mistake on your otherwise spotless record will make it easy for you to speak for yourself in court, the complexities of law and professionalism of the prosecutor will lead to almost certain defeat and often an exacerbation of charges against you.
- Posting on social media after a DUI arrest: It’s natural to turn to family and friends for support. However, posting about your arrest or anything related to your case on social media is a serious mistake that could harm your legal case. Prosecutors may use your social media posts as evidence against you in court and no benefit can come to you in court by posting. It’s important to avoid discussing your case online. As a matter of fact, attorneys will often advise you to deactivate your social media accounts until your case is resolved.
- Failing to request an independent blood test If you are arrested for a DUI in Tennessee: You have the right to request an independent blood test to confirm the results of any blood alcohol content (BAC) tests administered by law enforcement. This can be important because BAC breath tests can sometimes produce false positives. An independent blood test can provide valuable evidence in your defense.
- Failing to write detailed notes on what happened: To build a strong defense, your attorney needs to understand exactly what happened during your DUI stop. Failing to write detailed notes of the events leading up to your arrest can make it difficult for your attorney to analyze your case and build an effective defense. Be sure to write down everything you can remember about the stop, including any conversations with law enforcement and any tests administered.
- Believing that your case is unique and special: Another mistake people make when facing DUI charges in Franklin is believing that their case is somehow unique or special. Prosecutors are not interested in whether you are generally a good person or whether this is your first brush with the law. They are looking to secure the case, independent of your life’s story.
What to know about a traffic stop and your Fourth Amendment rights
Most DUI charges start with a traffic stop. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures by law enforcement. If you believe your Fourth Amendment rights were violated during your DUI stop, it’s important to discuss this with your attorney. If the stop was illegal or conducted without probable cause, any evidence gathered during the stop may be thrown out in court.
What you should know about field sobriety tests and breath tests
First and foremost, drivers throughout Tennessee do not have to consent to field sobriety tests OR breath tests, and it’s generally advised that they do not. Drivers should be aware that they may be videotaped and recorded during the entirety of the stop, so it’s important to remain calm and respectful.
You also have a right to avoid DUI checkpoints, so long as you do so legally, and follow all rules of the road.
Misconduct at sobriety checkpoints or in field sobriety tests can also be challenged by your DUI defense attorney. The officer must have probable cause for the arrest, meaning that any reasonable person would believe that you were driving under the influence based on evidence. There are extensive procedures a police officer must follow, and failure to do so can mean that the so-called “evidence” is suppressed, or that your case is thrown out entirely.
The Law Offices of Adrian H. Altshuler & Associates can help
Being charged with a DUI in Franklin is a serious matter that could have life-altering consequences. An experienced DUI defense attorney can help you understand your charges, explain your legal options, and build a strong defense on your behalf. They can also help you avoid incriminating yourself and negotiate a plea deal or reduced sentence. Not hiring a lawyer could result in serious consequences, including fines, jail time, and a permanent mark on your criminal record.
If you’ve been arrested for DUI and your situation is urgent, don’t wait another minute to protect your rights! The Law Offices of Adrian H. Altshuler & Associates, a leading Franklin DUI law firm, can provide you with a criminal defense attorney immediately. Our clients rely on us to aggressively pursue justice on their behalf, and we can do the same for you.
Our firm provides aggressive representation to clients throughout Brentwood, Columbia, Franklin, and all the surrounding areas. Remember, you don’t have to face a DUI charge alone. Contact The Law Offices of Adrian H. Altshuler & Associates today to schedule a consultation.
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