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What Evidence Can Be Used Against You in a Tennessee DUI Case?

Posted on in DUI/DWI

Oak Ridge DUI Defense AttorneyIf you have been arrested and charged with DUI, you may feel that you have a poor chance of avoiding conviction and the serious consequences that come with it. It is certainly true that Tennessee prosecutors take DUI cases seriously, and they may have a strong case against you. However, an experienced DUI defense attorney can help you build a strong defense strategy that can stand up to the prosecution.

One important thing to understand about DUI cases is the types of evidence that the prosecution commonly uses to secure a conviction. With this knowledge, you may be better able to protect your rights.

Forms of Evidence in a DUI Case

In order to secure a DUI conviction, the prosecution must have evidence to demonstrate that you are guilty of the offense beyond a reasonable doubt. Prosecutors can use many different forms of evidence to support their case, including:

  • Chemical test results - After a DUI arrest, Tennessee’s implied consent law requires the suspect to submit to a chemical test that measures blood alcohol concentration and the presence of other controlled substances. The results of this test are often some of the most important evidence in a DUI case.

  • Field sobriety tests and preliminary breath tests - Before making an arrest, an officer may ask a suspect to submit to a breathalyzer or sobriety test. There is no legal obligation to agree to these tests, but if you do, the results may be used against you.

  • Statements of the defendant - Anything that you say willingly to an officer before or after your arrest can be used as evidence against you. It is in your best interest to request the presence of an attorney before answering an officer’s questions.

  • Observations of the arresting officer - The police report and testimony from the arresting officer may speak to other signs of intoxication, such as erratic driving behavior, slurred speech, or the smell of alcohol in the vehicle.

  • Witness testimony and visual evidence - Passengers, bystanders, and other drivers who witnessed the circumstances leading to your arrest may be asked to provide testimony. Video footage of the events may also be used as evidence.

  • Physical evidence - Evidence that an officer obtains through a lawful search of your person or vehicle can be used against you as well.

Depending on the circumstances of your case, your attorney may be able to demonstrate that some of this evidence is unreliable or inadmissible. For example, there may be evidence that a BAC test was not working properly, or that the officer searched your vehicle without consent or probable cause. Discrediting or dismissing the prosecution’s evidence can give you a better chance of avoiding conviction.

Contact a Knoxville DUI Defense Lawyer

Fighting a DUI charge can be difficult, but at The Law Office of William F. Evans, we strive to make it possible by building a strong case for your defense. If you need legal representation after a DUI arrest, call us today at 423-449-7980 and schedule a free consultation with our skilled Knox County DUI defense attorney.

 

Sources:

https://www.tn.gov/safety/driver-services/reinstatements/frdui.html

https://billofrightsinstitute.org/primary-sources/bill-of-rights

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