Barnette Law Office, LLC

July 10, 2014

Nashville DUI Lawyers–Barnette Law Offices

Breath Test
If you have been arrested and charged with driving under the influence of alcohol (DUI) in Davidson County, Tennessee, you are likely familiar with the Intoximeter EC/IR II.  This device is utilized by law enforcement officers in Nashville Metro after a DUI arrest to determine an individual’s blood alcohol content (BAC).  Contrary to what you may have heard, breath testing devices, like the Intoximeter EC/IR II, are not without flaws and routinely produce inaccurate results in DUI cases.

For example, symptoms associated with diabetes, gastroesophageal reflux disease (GERD), liver disease, heartburn, asthma or other illness have historically enhanced the results of breath test machines in Tennessee.  The same is true for some types of chewing gum, breath mints and cough syrup.  Only seasoned DUI defense lawyers like Jason Barnette and those at Barnette Law Offices can successfully challenge the results of the breath test in Tennessee.

Prior to the administration of the Intoximeter EC/IR II test, law enforcement officers are required by Tennessee law to hold the subject under constant observation for a period of at least 20 minutes to ensure no foreign substance is introduced into the mouth of the subject.  Otherwise, the breath test result is inadmissible.

In a DUI case in the Nashville Metro area, police officers are the individuals designated to administer the breath test.  However, law enforcement officers typically receive minimal training about how the machine actually functions.  A good Tennessee DUI defense attorney can determine whether the officer in your case followed protocol and properly administered the breath test.

If you disagree with the results of the breath test after being arrested for DUI, you have a right under Tennessee DUI law to request a blood or urine test.  In fact, the State is required to initially cover the cost of the test if you are unable to pay for the test at the time of your arrest for DUI.

Every case is different and every DUI lawyer is different.  You want a DUI lawyer with the most experience, the best reputation and most importantly, the ability to get you the best result.  If results matter to you, call Barnette Law Offices today for a free consultation!

Field Sobriety Test
In Tennessee, if an officer has reasonable grounds to believe a driver is DUI or impaired, he may request that the driver perform field sobriety tests.  Be advised that in Tennessee, field sobriety tests are voluntary.  There is no criminal or administrative penalty for refusal of field sobriety tests during a DUI investigation.

Field sobriety tests are divided attention tests which require an individual charged with DUI to follow instructions and perform physical maneuvers requiring balance and coordination.  According to NHTSA, an individual with a BAC above .08 g/dL will have difficulty performing these standardized tests.

In Tennesee, the most common field sobriety tests utilized are the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test (note the HGN test is inadmissible).  Numerous reasons exist as to why an individual may struggle with field sobriety tests other than intoxication or impairment.  For example, these tests are routinely administered late at night to individuals who are tired and frightened with the consequences of a DUI arrest fresh on their mind.  Medical conditions, including pre-existing injuries and weight, can impact the field sobriety test results.

If you have been arrested for DUI in Nashville, Davidson County or anywhere in Tennessee and performed field sobriety tests, it is crucial that you contact an attorney right away to explore all possible defenses to the allegation of the arresting officer.

The Nashville DUI Lawyer Jason Barnette and Barnette Law Offices are ready to put their skill and knowledge to work for you!

DUI Drugs
Law Enforcement officers throughout Tennessee and particularly, Nashville have recently started cracking down on drivers perceived to be impaired by controlled substances or drugs. Many believe that in order to be arrested for DUI with drugs or controlled substances in Tennessee, an individual must have taken some type of illegal substance.   It may surprise you to learn that in Tennessee, a driver can be arrested for DUI simply for driving after taking prescribed medication.

In defending against a DUI with drugs charge, it is critical that you be proactive in your defense.  For example, upon release from custody, securing an independent blood or urine test immediately following the arrest can be a useful tool to prove the amount of drugs or controlled substances consumed was not enough to cause impairment.  Oftentimes, law enforcement officers in DUI cases never take the appropriate steps to secure blood or urine test samples through the Tennessee Bureau of Investigation.

Law enforcement officers throughout the State of Tennessee are being certified as Drug Recognition Experts (DRE) trained to secure evidence in DUI cases.   In cases involving DUI with drugs or controlled substances, it is imperative that you contact an attorney skilled in DRE tactics to defend you.

It is imperative that you contact a DUI attorney skilled in DRE tactics, like Tennessee DUI Lawyer Jason Barnette and those at Barnette Law Offices, to defend you.right away!

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