Luttrell DUI Defense Attorney

A DUI arrest may be based on what happened during a few minutes on the side of a road. An officer who pulls a person over may look at the way they were driving, how they were speaking, their physical actions and appearance, they ways they performed on physical tests, and other factors as they decide whether to arrest the driver. The judgments made by police officers in these cases are not always reliable. With the help of a lawyer, a person may be able to defend against DUI charges by showing that their reactions were based on nervousness, fatigue, medical conditions, or other factors rather than intoxication.

The attorney at The Baker Law Firm can provide representation for people in Luttrell and the surrounding areas who have been arrested for DUI. He understands the procedures officers are required to follow during DUI investigations and the factors that may affect the tests they use. With his experience defending clients in court and his understanding of the laws that apply in these cases, he can take the right steps to achieve favorable results.

How DUI Investigations Begin

In Luttrell, State troopers and sheriff's deputies regularly patrol State Routes 61 and 131 and other roads throughout the area. They watch for signs that drivers may be impaired, especially at night and on weekends. When they believe that a person may have been drinking alcohol or using drugs, they may pull their vehicle over and investigate to determine whether they can make an arrest for DUI.

Officers must follow a reasonable suspicion standard when stopping drivers. This means they must observe a traffic violation or another violation of the law, or they must have a good reason to believe that a driver is intoxicated. Examples of violations that can lead to traffic stops and DUI investigations include speeding, braking suddenly, driving too slowly, ignoring a stop sign, or having a broken taillight.

After stopping a vehicle, an officer will usually approach the driver's-side window and speak to the driver, including asking them where they were coming from, where they are going, and whether they have been drinking alcohol. They will usually ask for the person's driver's license and proof that they have auto insurance. During these questions, they will pay attention to the person's appearance and behavior, looking for signs of intoxication. These may include fumbling movements, difficulty speaking, or red eyes. In some cases, they may ask a driver to step out of the vehicle for further testing.

Field Sobriety Tests

To determine whether a person is under the influence of alcohol or drugs, officers may ask them to perform a series of physical tests. These will typically include a horizontal gaze test in which a person follows an object with their eyes, a walk-and-turn test in which they walk a certain number of steps along a line, and a balance test in which they stand with one foot raised for a certain number of seconds.

During field sobriety tests, officers will look for clues that may show that a person is intoxicated, such as losing their balance or stepping off a line while walking. However, there are a variety of reasons why officers may come to the wrong conclusions, including:

• Road Conditions: The gravel on a road's shoulders, pavement that slopes to the side, poor lighting on a rural road, or other issues can make balance tests more difficult.
• Physical Limitations: Some people may have back, knee, or ankle injuries or other physical issues that affect their balance and coordination.
• Medical Issues: Inner ear disorders, neurological conditions, and some medications can lead to physical unsteadiness or cause other symptoms that officers may interpret as intoxication.
• Distractions: Flashing emergency lights and passing traffic can affect a person's concentration or cause them to perform poorly on tests.
• Officer Errors: A person may not be given clear instructions, or an officer may not follow standardized procedures during tests, making the results unreliable.

Breath and Blood Testing

Officers will often carry small handheld devices that they may use during traffic stops to measure the alcohol on a person's breath. A portable breath test can give a quick estimate of a person's blood alcohol concentration (BAC), which can help an officer decide whether to arrest a driver for DUI. While roadside breath tests generally cannot be used as evidence in a DUI case, they may give an officer probable cause to perform an arrest.

Drivers are not required to submit to portable breath tests or take field sobriety tests during traffic stops. However, they are required to take chemical tests after being arrested for DUI, and refusing to do so will lead to an automatic driver's license suspension. The chemical tests that may be performed include:

Breathalyzer Tests

An evidentiary breath machine may be used to measure the alcohol in a person's system. Certain requirements must be met for these tests to be considered valid. An officer must observe a driver for 20 minutes before performing a test, the officer must be properly certified to use a breathalyzer device, and the machine must be tested and certified for accuracy. If these requirements were not met, or if there are other reasons that measurements may have been inaccurate, it may be possible to challenge breath test evidence.

Blood Tests

If a person is suspected of driving while under the influence of drugs, a blood sample may be taken and tested in a lab to determine whether they had controlled substances in their system while driving. Blood tests may also be used in alcohol-related DUI cases in situations where a driver cannot give a breath sample or when there are questions about the accuracy of a breath test. Blood tests also have legal requirements, including the drawing of blood by a qualified person, such as a nurse or medical technician. The accuracy of blood tests may be questioned when a blood sample may have been stored incorrectly, mislabeled, or contaminated.

Frequently Asked Questions About DUI Charges