One of the top misconceptions of defending DUI or DWI cases is that a drunk driving case can’t be won. It’s easy to get that misconception because of the lack of attention to detail or lack of investigation in most cases. Once you get arrested in Nashville, Tennessee, your mailbox will be full of letters from lawyers offering their services. Some of the letters will offer to represent you for as little as $400.00. The question you need to ask yourself is can you win or beat your DUI case with a bargain basement lawyer.
I normally don’t give out case results. However, we need to dispel the misconception that DUI or DWI cases can’t be won. Here’s a short list of some of the legal issues I examine in a drunk driving case and the facts in a recent DUI case ;
- Probable Cause For the Traffic Stop In my example case, the defendant was driving without headlights at 2:00 A.M. The Stop was good.
- Admission of Drinking The defendant admitted to drinking Three 16 oz. Pabst Blue Ribbon beers and after Miranda warnings stated to police, “I was too drunk to drive”. Looking bad for the home team.
- Field Sobriety Tests Failed.
- Blood or Breath Tests She blew a .17 breath alcohol test on the EC/IR II. Another nail in the coffin.
Based upon these facts the case was unwinable. She could have paid the $400.00 and plead guilty, lost her drivers license, and had a drunk driving conviction.
What happened to her case? The case was fought. During our investigation we found the answer. Under Tennessee case law, a defendant has to be observed for 20 minutes prior to the breath test being given. I watched the tape the first time and no lightening bolts of justice. So, I watch it a second time. This time during the 20 minute observation period, I hear the clickety clack of a laptop keyboard. The police officer is typing his report during the 20 minute observation period. Based upon Tennessee case law, State of Tennessee v, Korasakov, the breath test is inadmissible. The Assistant District Attorney looked at the issues and to their credit offered a plea bargain to a reckless driving charge.
On first impression the case was unwinable, but you never can tell what might happen if you try.
