Tennessee DUI Probable Cause
When it comes to DUI law, it is a common misconception that you cannot be convicted of driving under the influence if your blood alcohol concentration was under the legal limit of 0.08. The truth is, you can be convicted of DUI as long as the prosecution is able to prove that any substance, whether drugs or alcohol, consumed in any amount had impaired your ability to drive to ANY extent.
In other words, if a law enforcement officer suspects you of being intoxicated AND provides testimony that convinces the jury that you were intoxicated, you may be convicted of DUI—even if your BAC was under the legal limit.
DUI Defense Strategies
There are considerable defenses that may be mounted in the event that your BAC was under, or even equal to, the 0.08% threshold. For instance, breathalyzer machines have a margin of error; if a breath test shows your BAC to be right at 0.08, an attorney may be able to show that the machine was not properly calibrated or that the officer made an error in administering the test.
Many points of an officer’s testimony against you may be argued. For example, the smell of alcohol an officer may have detected on your breath is not an accurate gauge of how much alcohol was in your system. Alcohol itself is odorless—the smell is produced by other ingredients found in alcoholic drinks.
Other Lines Of Defense
Another common argument heard from law enforcement officers is that the driver had bloodshot eyes or seemed unsteady. These factors can be explained by causes other than intoxication, such as nervousness, intimidation, a medical condition or just simply being overly tired.
Diabetics also may suffer from episodes with symptoms similar to intoxication. These episodes can be induced if the diabetic becomes hypoglycemic. If you have Type I diabetes, you should disclose that information to your lawyer, as well as any other medical conditions you may have.
Knoxville-Based DUI Representation
Marcos Garza is an experienced DUI attorney who knows the ins and outs of Tennessee DUI law, including arguments for and against proof of impairment. If you are facing DUI charges in the state of Tennessee, call the Garza Law Firm today, and be sure to disclose any and all medical conditions you may have along with any medications you take. This may provide the evidence needed to acquit you of the charges.
Call the Garza Law Firm today at (888) 680-7554 to schedule a no-obligation consultation with DUI lawyer Marcos Garza.
