2016 Derek R. Howard Attorney at Law

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DUI EVIDENCE

WHAT KIND OF EVIDENCE CAN BE USED AGAINST ME IN A DUI CASE?

     BLOOD ALCOHOL CONTENT {BAC} AND BLOOD TESTS  

     Typically in Rutherford and the surrounding counties the police will draw blood from you after you have been arrested for DUI.  In Murfreesboro, Smyrna and LaVergne blood draw is the primary evidence that will be used to convict you of DUI.   Your blood will typically be drawn at the Rutherford County Adult Detention facility after your arrest and then sent to the Tennessee Bureau of Investigation for analysis.  If your blood shows .08% alcohol or greater then you are per se guilty of DUI.  That does not mean however that a conviction for DUI is a guarantee for the prosecutors.  While the State has the TBI test your blood you have the right to have a sample provided to you and you can have that sample tested independently.  Independent tests are extremely crucial to your lawyer when the BAC is close to .08% but can assist even when  your BAC is higher.  Additionally, your lawyer needs to review the documents provided by the TBI in connection with your BAC tests such as the chromatogram graphs, testing protocol, calibration documents, controls, maintenance of the equipment and repair records for the equipment used to test your blood.  

     IMPLIED CONSENT LAW

     You have the right to refuse the blood draw for a DUI arrest in most situations although the refusal can be used civilly to take your driving privileges anyway in some situations.  Obviously, without your blood sample to use against you the prosecutors are at a disadvantage.  The caveat is that you may still lose your driving privileges for the refusal.  This is known as the Tennessee Implied Consent law.  Police officers will often read you the Implied Consent Waiver when asking you for a blood sample and request you sign the waiver.  Exceptions to the Implied Consent Waiver are when you are being charged with a DUI 2nd or subsequent offense or if the police obtain a warrant for your blood.  

     FIELD SOBRIETY TESTS

     

 

     The video of your field sobriety tests can also be introduced against you in a DUI case.  Like the implied consent, you have the right to refuse the field sobriety tests as well.  Depending on how well you perform on the Field Sobriety Tests your lawyer may want to use the video in your defense for DUI.  Field Sobriety Tests are subjective tests which can be analysed and interpreted differently by different individuals.  You have the right to have an independent review of your Field Sobriety Tests by qualified experts to determine if they would have come to the same conclusion as the arresting officers.

     Other evidence typically introduced during a DUI case would be the video or audio recordings taken when you were stopped by the police.  Most police vehicles today are capable of recording your field sobriety tests and your conversation with police during the traffic stop.  

DEREK R. HOWARD

ATTORNEY AT LAW     615-900-3235