Legal Defenses for DUI/DWI Charges Under Tennessee Law

Driving under the influence (DUI) or driving while intoxicated (DWI) charges in Tennessee carry serious consequences, including heavy fines, license suspension, and even jail time. However, those accused have legal defenses available to them that can potentially mitigate penalties or lead to case dismissal. Understanding these defenses is crucial for anyone facing such charges in Tennessee.

1. Lack of Probable Cause for the Traffic Stop
One of the most fundamental legal defenses is challenging the initial traffic stop. In order for law enforcement to pull a driver over, they must have probable cause, such as observing erratic driving behavior or a traffic violation. If the officer did not have sufficient reason to initiate the stop, any evidence obtained subsequently, including breathalyzer or field sobriety tests, may be deemed inadmissible in court.

2. Improper Administration of Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by various factors unrelated to alcohol impairment, such as physical health, weather conditions, and even psychological factors. If a defense attorney can demonstrate that the tests were not properly administered or that the results were unreliable, it could significantly strengthen the defendant's case.

3. Breathalyzer Calibration Issues
The accuracy of breathalyzer tests is paramount in DUI/DWI charges. These devices must be calibrated regularly to ensure reliable readings. If the defense can prove that the breathalyzer was malfunctioning or improperly maintained, the results can be challenged, leading to a possible dismissal of charges.

4. Rising Blood Alcohol Content (BAC)
In some instances, a driver may have a BAC that is below the legal limit at the time of driving but rises above it by the time they are tested. This phenomenon, known as "rising BAC," can occur if a person consumed alcohol shortly before driving. Evidence demonstrating that the individual was not impaired while driving may negate the DUI charge.

5. Medical Conditions or Medications
Certain medical conditions and medications can mimic signs of impairment, such as slurred speech or coordination issues. If a driver has a legitimate medical condition that affected their behavior or was taking prescribed medication that can influence test results, it may serve as a viable defense against DUI charges.

6. Illegal Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement conducted a search without proper warrant or probable cause, any evidence obtained may be inadmissible. This could significantly weaken the prosecution's case.

7. Plea Bargaining
In some instances, reaching a plea bargain may be the most effective defense strategy. An experienced attorney might negotiate with the prosecution for reduced charges or penalties, especially if the evidence against the defendant is strong. This could result in lesser charges, such as reckless driving, which carries lighter penalties.

8. Mistaken Identity
Another potential defense is mistaken identity, particularly in cases where multiple vehicles are involved in erratic driving. If the defendant can provide an alibi or evidence that they were not the one driving recklessly, it may lead to case dismissal.

Each DUI/DWI case in Tennessee is unique, and the best defense often depends on the specific circumstances of the incident. It’s important for individuals facing such charges to consult with an experienced attorney who can assess their situation and explore the most effective legal strategies available. Knowledge of these defenses can make a significant difference in the outcome of a DUI/DWI case.