Knoxville, Tennessee DUI Defense Attorney
In order for a DUI charge to hold up in court, a number of factors must be taken into consideration: did the officer have reasonable suspicion to stop a driver? Did he conduct a field sobriety test properly? Did he have probable cause to arrest you? Are the breathalyzer or blood test results reliable? At the law office of Patrick L. Looper, Attorney at Law, we identify and expose mistakes and unreliable forensic evidence in DUI arrests that require the charges be dropped against you. In cases where the evidence is not in question, we may be able to have the charges or sentence against you reduced to help you avoid losing your license or going to jail.
If you've been arrested on a charge of drunk driving, contact DUI defense lawyer Patrick L. Looper today to schedule an appointment and learn how we can help you.
DUI Arrests and Field Sobriety Tests
Field sobriety tests (FST) are used to establish probable cause to make a DUI arrest and administer a blood or breathalyzer test. In the state of Tennessee, a FST is voluntary and must be administered according to a very specific procedure. As an attorney who taught FST training to officers, the first thing we ask is whether or not the arresting officer was certified to conduct a FST. This is important for several reasons.
First, according to the National Highway Traffic Safety Administration's DWI Detection and Standardized Field Sobriety Testing Student Manual, a level, clean, dry surface should be used when giving a FST. If an officer administered your field sobriety test on an incline, on broken pavement, or under adverse weather conditions, it may be thrown out in court. There are also a large number of specific instructions regarding what to do if a suspect moves his arms more the 6 inches up or down, moves to one foot momentarily, or stops briefly. Failure to follow these instructions may compromise the reliability of the test for establishing probable cause.
Secondly, an inner ear problem, back injury, fatigue, or medical condition like multiple sclerosis can affect how one performs on a field sobriety test. Did the arresting officer ask you whether you suffer from a medical condition that could affect your performance? When reviewing your case, we evaluate these factors and review dashboard camera footage when available to determine if the FST was conducted properly.
DUI and Blood Tests
Increasingly, blood tests are used by law enforcement to test for blood alcohol level (BAC) in DUI cases. While a blood test is more accurate than a breathalyzer, there are several issues that can compromise the accuracy of a blood test. In Tennessee, DUI blood tests use a kit that involves vacuum tubes coated with preservative that is intended to prevent coagulation of the blood. Blood must be drawn by a person certified to do so. When drawing the blood, a procedure must be followed to ensure there is an appropriate mix of blood and preservative in the tube.
Here, the following questions can arise: was the kit expired? Was a cotton swab with alcohol used to sterilize where blood was drawn? Did this taint the blood sample taken? Did lab technicians use too much preservative or salt? Was the sample taken primarily whole blood or primarily blood serum or plasma?
Breathalyzer Tests and DUI Arrests
Breathalyzers must be calibrated correctly and maintained regularly to ensure accuracy and reliability. While the accuracy of breathalyzers has improved, they can still register false positive readings if the mouthpiece isn't changed between samples, a suspect has used mouthwash or recently taken certain kinds of medication, or is forced to blow too hard into the device. Additionally, a breathalyzer doesn't necessarily reflect a suspect's blood alcohol content (BAC) at the time of their driving but rather at the time of the breathalyzer test. For these reasons, it's important to challenge breathalyzer results.
Contact DUI Defense Attorney Patrick L. Looper Today
As an attorney who trained officers in how to administer the field sobriety test, Patrick L. Looper is intimately familiar with the proper protocols and procedures that must be followed in a DUI arrest. To discuss your case and learn how we can help you, contact DUI defense lawyer Patrick L. Looper today.
