Clarksville DUI Attorney
Aggressively tackles key elements to successfully defend those charged with driving under the influence
Charged with driving under the influence (DUI) of alcohol or drugs? Tennessee imposes stiff penalties for those individuals convicted of DUI, and a conviction can have serious long-term consequences on your life. Clarksville DUI Attorney Ryan K. McFarland of McFarland Law aggressively defends those charged with DUI, tackling the three key elements of every DUI charge to successfully clear his clients.
Did the police officer have probable cause to pull you over?
The Fourth Amendment of the United States Constitution prohibits “unreasonable” search and seizure. As such, a police officer must have probable cause to pull someone over – they must have reason to believe the driver has violated the law. Probable cause may be a traffic violation, broken taillight, or signs of impairment, such as swerving or driving erratically. If the law enforcement officer did not have reasonable cause to pull you over, then the entire case can be dismissed.
Are the field sobriety tests accurate?
The Standardized Field Sobriety Test is a series of three tests performed during a traffic stop in order to determine if a driver is impaired. These are physical tests which include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand tests. These tests have been scientifically validated, and are admissible as evidence in court. However, there are several factors that may contribute to an individual’s inability to successfully complete one or more of these tests. Age, injury, or medical condition may affect the results of the one-leg stand or the walk-and-turn. Eye disease can affect the individual’s ability to perform the horizontal gaze. The police officer performing the test should ask the suspect if there is any reason they would be unable to perform the test, and must also provide clear instruction regarding the tests themselves.
Is the blood alcohol concentration (BAC) test valid?
Blood alcohol concentration refers to the amount of alcohol present in a person’s bloodstream. Individual states have BAC limits whereby the driver is considered legally drunk. In Tennessee, drivers over the age of 21 with a BAC of 0.08% can be charged with DUI. Tennessee has a “zero tolerance” policy for anyone under the age of 21 years. Drivers under the age of 21 who operate a motor vehicle with a BAC of 0.02% or more can be charged with driving under the influence DUI.
The timing of the BAC test is critical to a case – the absorption of alcohol continues to rise for up to two hours after your last drink. So, for example, if you were pulled over for driving under the influence but your blood alcohol was not tested until a while later, the result may not accurately represent the amount of alcohol in your bloodstream at the time you were driving due to rising blood alcohol levels.
We provide aggressive legal defense for DUI charges
Attorney Ryan K. McFarland protects the rights of those accused and aggressively tackles key elements of DUI cases to successfully defend the charges. If you are facing a DUI charge, secure the best possible defense. Contact Attorney McFarland at (931) 516-9009 or online to schedule a confidential consultation to discuss your situation. McFarland Law serves Montgomery County and surrounding areas.