Nashville is home to Country Music. The city is famous for the Country Music Hall of Fame and the Music Row District. Because of its rowdy cowboy character, Tennessee has always had that Southern bad-boy image.
DUI still ranks high not just in Nashville, but around the state as well. Recent reports from safety agencies mention that over 3,423 people are killed in DUI related crashes in the Mid-west state area. Nashville alone is one of the contributing cities, prompting the need for a Nashville DUI attorney who can oversee and help enforce the existing DUI laws.
Imposed BAC limits in Nashville
Mixing alcohol while on the road is illegal in Nashville and around the state. The city government puts a strong stance on DUI, considering it places the lives of innocent people on the line.
Nevertheless, the whole of Tennessee sets a “per se” BAC basis. The city government’s zero-tolerance policy is in place, and persons under the age of 21 found with a 0.02% BAC level can be found guilty of committing DUI.
The driver’s license is immediately revoked for a year, and fined $250 under such circumstances. An under-aged misdemeanor can also result in community service.
Challenging the Breathalyzer test results
The apprehending police officer uses a device to determine the level of alcohol in a driver’s breath. The Breathalyzer test is a popular scientific tool that’s used to find out the blood alcohol level in a person’s body.
Though the Breathalyzer device is thought to be accurate to the tee, there are some instances when challenging the test results can be a way to escape prosecution and fines. This, however, falls under the jurisdiction of your DUI attorney who can prove your innocence based on the situation.
There are certain loopholes to a DUI case, including inaccurate reading results, calibration problems, and an untrained officer operating the Breathalyzer device. When wrongfully accused of DUI because of a defective Breathalyzer result, you need to seek help from a Nashville DUI attorney who can challenge the results in court based on truthful evidence.
The evidentiary burden of challenging your DUI case
A professional counsel would be more likely to advise you on how to go about your DUI case. In such instances, your attorney has to prove the charges are invalid to garner such conviction. Such questions can only be realized when your attending counsel convinces the court that there is insufficient evidence or there is a lack of grounds to convict you of a DUI case.
Your defense team can set the court’s focus on witness statements, inadequate training of the arresting officer, or calibration problems. All these aspects can only be uncovered with the help of a professional who knows the ins and outs of existing DUI guidelines.
Challenging the results varies depending on your case. But most likely, your legal counsel can prove for circumstantial inconsistencies and raise questions such as:
- The training of the arresting police officer.
- Use of the Breathalyzer device.
- A device calibration problem is affecting the results of your BAC test.
- The timing of the arrest compared to witness testimonies.
There are various other loopholes to a DUI case, which can only be brought up by your DUI defense attorney. Nonetheless, a skilled attorney can challenge any evidence based on facts and surrounding circumstances to your DUI case, which makes their presence in court a lot more meaningful.