Knoxville DUI Attorney
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Although there are many ways to win your Tennessee DUI case, the key to winning is to have an experienced, knowledgeable firm working on your case. Such a firm is The Tennessee DUI Defense attorneys at McKellar Roskind, LLP. To ensure that you rest with peace of mind at night, we work very hard. We are members of the National Association of Criminal Defense Lawyers, and we take great pride in being highly educated and prepared in proper DUI defense techniques. Mistakes are often made during your arrest that can lead to a dismissal. These can include police mistakes and breath test mistakes. Call us today to put our years of experience to work for you.
Our DUI / DWI Attorneys will assist you in any 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 a police officer to determine if you are driving under the influence is to give a breath analysis test. These machines purport to measure the blood-alcohol content when a person breathes into it. 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.
Below 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.
* The person administering the test has never been properly trained to do so. Read about common police DUI mistakes.
* The person who administered the test failed to observe the driver for long enough before the test to ensure the driver did not put anything into his or her mouth that could cause the test to give an unreliable result. Mouthwash and ointments could apply for this.
* The driver was exposed to vapors or gases before the test that could cause it to be unreliable. Someone involved in painting, varnishing, or other chemical exposures could experience such a result.
* The person giving the test failed to do so correctly. This can include a failure to get a deep lung sample or failure to correctly ready 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 before the test was administered.
These tests are far from perfect, so having an experienced and knowledgeable Knoxville DUI lawyer can mean the difference between jail time, fines, loss of license and reputation or acquittal.
Although there are many ways to win your Tennessee DUI case, the key to winning is to have an experienced, knowledgeable firm working on your case. Such a firm is The Tennessee DUI Defense attorneys at McKellar Roskind, LLP. To ensure that you rest with peace of mind at night, we work very hard. We are members of the National Association of Criminal Defense Lawyers, and we take great pride in being highly educated and prepared in proper DUI defense techniques. Mistakes are often made during your arrest that can lead to a dismissal. These can include police mistakes and breath test mistakes. Call us today to put our years of experience to work for you.
Our DUI / DWI Attorneys will assist you in any 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 a police officer to determine if you are driving under the influence is to give a breath analysis test. These machines purport to measure the blood-alcohol content when a person breathes into it. 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.
Below 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.
* The person administering the test has never been properly trained to do so. Read about common police DUI mistakes.
* The person who administered the test failed to observe the driver for long enough before the test to ensure the driver did not put anything into his or her mouth that could cause the test to give an unreliable result. Mouthwash and ointments could apply for this.
* The driver was exposed to vapors or gases before the test that could cause it to be unreliable. Someone involved in painting, varnishing, or other chemical exposures could experience such a result.
* The person giving the test failed to do so correctly. This can include a failure to get a deep lung sample or failure to correctly ready 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 before the test was administered.
These tests are far from perfect, so having an experienced and knowledgeable Knoxville DUI lawyer can mean the difference between jail time, fines, loss of license and reputation or acquittal.
Here's what I hope you'll learn here
Read over this list of common mistakes made in DUI arrests. These mistakes can occur in a variety of ways including blood, breath, and urine tests, as well as in the method of arrest. If you think any of these apply, be sure to tell us during your free consultation. Here are some common errors:
* A police officer bases his/her arrest on your statements alone. An arresting officer must have independent evidence of a crime that would validate any statements made.
* A police officer stops you because he deems you are suspicious but has no reasonable evidence of a crime. A vehicle stop can only be made based on a clear reasonable suspicion by the officer.
* A police officer pulls you over because an anonymous caller called in, but the arresting officer has no name or address of the caller.
* A police officer stops you only to check your license and registration, not because of a traffic violation or suspicion of a crime.
* A police officer enters your home without invitation and without information to justify entry. This is a violation of the Fourth Amendment.
* A police officer stops a vehicle based on a misperceived violation of a law.
* A police officer stops a vehicle that he or she cannot clearly identify as having committed a traffic violation or other crime.
* A police officer fails to follow the rules outlined by the State for administering a Breath test. Doing so would invalidate such a test. Read about common Tennessee Breath test mistakes.
* A police officer fails to follow guidelines at a roadblock.
* A police officer detains you beyond a reasonable amount of time to investigate a suspected crime.
* A police officer stops you for driving too slow or being stopped in the street but without violating a specific traffic ordinance.
* A police officer stops you due to failure to heed improper signage. All lane markings and street signs must comply with State Law.
* A police officer bases his/her arrest on your statements alone. An arresting officer must have independent evidence of a crime that would validate any statements made.
* A police officer stops you because he deems you are suspicious but has no reasonable evidence of a crime. A vehicle stop can only be made based on a clear reasonable suspicion by the officer.
* A police officer pulls you over because an anonymous caller called in, but the arresting officer has no name or address of the caller.
* A police officer stops you only to check your license and registration, not because of a traffic violation or suspicion of a crime.
* A police officer enters your home without invitation and without information to justify entry. This is a violation of the Fourth Amendment.
* A police officer stops a vehicle based on a misperceived violation of a law.
* A police officer stops a vehicle that he or she cannot clearly identify as having committed a traffic violation or other crime.
* A police officer fails to follow the rules outlined by the State for administering a Breath test. Doing so would invalidate such a test. Read about common Tennessee Breath test mistakes.
* A police officer fails to follow guidelines at a roadblock.
* A police officer detains you beyond a reasonable amount of time to investigate a suspected crime.
* A police officer stops you for driving too slow or being stopped in the street but without violating a specific traffic ordinance.
* A police officer stops you due to failure to heed improper signage. All lane markings and street signs must comply with State Law.
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This site is designed to inform about Tennessee DUI Law and offer consumers a place to get answers to common questions.
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