
Although there are many techniques that can successfully win your case, the key to winning your Tennessee DUI case is to have a knowledgeable, experienced firm working on your case that focuses heavily on Tennessee DUI Defense.
The Tennessee DUI Defense attorneys at The McKellar Law Firm, PLLC will be that firm. We work hard to make sure you rest with peace of mind at night. As members of the National Association of Criminal Defense Lawyers, we are proud of being highly knowledgeable and prepared in proper DUI defense techniques.
Commonly, there are mistakes made during your arrest that can lead to a dismissal. Police mistakes and breath test mistakes are examples of this. To put our years of experience to work for you call us today! Our DUI / DWI Attorneys will represent you in any or all of the following areas:
* Drunk driving
* Reckless driving
* Traffic violations
* License reinstatement
* Administrative hearings
* Suspended license violations
* Criminal vehicular assault
* Homicide Breath Tests in Tennessee Drunk Driving Case
A very common way for the police to know if you are under the influence is to administer a breath analysis test. When a person breathes into it, these machines purport to measure the blood-alcohol content. Often a defendant in a Tennessee Drunk Driving case has a chance to challenge the validity of a breath test.
An experienced attorney, along with scientific experts when necessary, can go a long way to casting doubt on the validity of a breath test. In many cases, the test is administered improperly and can result in having the results inadmissible in Court. Or if they are admissible, serious doubt can be cast on the validity of the results. Here are some common arguments a DUI attorney could make to question the breath-test results:
* The result was skewed by external factors related to the driver. These can include diseases or conditions such as diabetes, bronchitis, fever, ketosis, asthma, shock, and dental conditions. Also hiccupping, vomiting, hyperventilating, or burping can affect the test.
* Proper training was never administered to the person giving the test. Read about common police DUI mistakes.
* The person administering the test failed to observe the driver for an adequate amount of time before the test to ensure the driver did not put anything into his or her mouth that could cause the test to give a skewed result. Mouthwash and ointments could cause such a result.
* The test could be unreliable due to the person being exposed to vapors or gases before the test, such as someone involved in painting, varnishing, or other chemical exposures.
* The test was not correctly given by the person administering it. Perhaps the person did not get a deep lung sample or possibly failed to properly prepare the machine for testing.
* Field tests can be questioned based on the assumption of a 2100-to-1 blood-to-breath ratio. This can be questioned as not scientifically reliable.
*An experienced attorney can bring into question whether the testing equipment was properly calibrated, cleaned, and maintained prior to the test.
Don't forget, these tests are not perfect and having an experienced and intelligent
Knoxville DUI attorney can mean the difference between jail time, fines, loss of license and reputation or acquittal.