A Memphis DUI attorney should have the training and experience to look for certain issues in your case. DUI arrests are very fact-specific, and no two cases are the same. How it gets resolved is going to depend on the analysis of each factual and legal issue.
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Like a doctor looking for symptoms in a patient, a good DUI lawyer will know what questions to ask and what legal problems may be present based on the answers. Here are some questions that a good Memphis DUI lawyer will ask you:
Why were you stopped?
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This is so important because everything that happens after the vehicle stop is evidence against you. No doubt the police will say that you were stopped for a traffic violation.
Was it a real violation or one that they fabricated?
If it wasn’t real, your lawyer can argue that the stop and arrest were unconstitutional, and that the case should be thrown out.
Did you perform field sobriety tests?
FSTs, as they are called, are anything but standardized, and police frequently don’t follow the instructions. Talk to a lawyer who knows how these instructions are given, and knows how to challenge the results. Just because they said you failed doesn’t mean you were intoxicated. Your lawyer can examine how you were instructed on the tests, and whether the instructions were given according to federal guidelines. There also may be many issues to look at such as the surface of the ground, the type of shoes you were wearing, or any injuries you might have recently experienced.
Did you submit to a breath test?
There are so many scientific validity issues with breathalyzers; you should never take the machine at its word.
Was the device calibrated correctly and had it been recently verified?
They’re going to say that it was working fine but you have to dig deeper than that. A good DUI lawyer will look at the manufacturer’s manual for the recommended settings and testing procedures. Also, your lawyer should investigate into whether there could have been any interference with the machine such as radio waves. And don’t forget about the proper observation procedures. Before you actually blow into the machine, the police must physically and visually observe you for a certain period of time and under certain conditions. If this is not followed exactly, there could be grounds for having the test results thrown out.
Did they draw blood?
More and more jurisdictions are using blood tests rather than breath tests, and under Tennessee law they can take your blood without your consent in certain situations. But there are many potential problems with blood analysis in DUI cases. A good DUI lawyer in Memphis will get the lab results to see what exactly they found in your blood, not just the number that claims you were drunk. There could have been other substances in your system that would trick the machine into thinking you had a lot of alcohol.
What had you eaten before being arrested? Were you smoking? Taking medications?
Also your lawyer should look into how the blood was kept as evidence. Was it taken at a hospital or in a dirty jail cell? Is there a proper chain of custody? Was it kept at the correct temperature? Did it spend time in someone’s pocket or in the trunk of a car?
As you can see there are many questions to ask. Don’t just take the government’s word when they accuse you of driving under the influence.
Contact Patrick Stegall, a Memphis DUI Lawyer, for help. Mr. Stegall will thoroughly look at all the issues and give you an honest assessment of your case. If there is a way to have the charges dismissed or reduced, he’ll find it. Call him at (901) 205-9894 or email him at pstegall@stegall-law.com.
