Tennessee DUI Evidence

   How an individual charged with a DUI is treated by the system will generally turn upon the strengths and weaknesses of the evidence available to the prosecution. Where the prosecution’s evidence is weak, there is an increased likelihood that a jury trial will result in a finding of not guilty. Because of this, prosecutors are more open to reasonable plea negotiations.

   As a DUI attorney, I work to weaken the prosecutor’s case. One of the first things that I will do upon being retained on a case is to obtain a copy of the police officer’s arrest warrant. I then work with my client to analyze the report, as well as other evidence provided by both my client and the prosecution, to determine whether any legal arguments exist as to why evidence, such as a breath test or my client’s statements, show be excluded from trial.

   Where legal arguments are available, I will file a motion(s), often extensive, on behalf of my clients to either exclude evidence or, where appropriate, to dismiss a case. If our arguments are successful, evidence will be excluded for trial and/or the case will be dismissed. Where evidence is excluded, it often weakens the prosecutions case, increasing the likelihood that the prosecution, recognizing a trial may result in a finding of not guilty and, will be more open to a reasonable plea negotiation.

Examples of evidence used in a typical DUI case

   The defendant’s driving behavior: Was the defendant swerving or weaving? Was the defendant speeding? Or was he stopped for a bad taillight or other equipment malfunction. Can the driving be explained?

   Physical Coordination: if a defendant is having difficulty walking? Can the difficulty be explained?

   Odor of Intoxicants: does the accused smell of alcohol? Of course, this does not mean that the defendant is under the influence.

   Eyes and facial color: are the defendant’s eyes bloodshot and watery? Is the face red or flush? Can this be explained?

   Speech: Is the defendant’s speech slurred? If so, can this be explained?

   Field Sobriety Tests: Did the defendant perform well on the roadside tests? If not, are their contributing physical and/or psychological factors for poor performance.

   Statements: Did the defendant make any incriminating statements to the arresting officer?

   Blood or Breath test results: What was the result of the defendant’s breath or blood test? Are the results valid?

   Witnesses: Are there any witnesses available to either the defense or prosecution other than the defendant and arresting officer?