DUI Defense: Advice from a Tennessee DUI Attorney



Posted: Tuesday, October 20, 2009

by
Moore Trademarks

Getting pulled over for a suspected DUI happens practically every minute somewhere in the country. It is a crime that affects all members of society equally. That being said, the way one approaches a potential DUI arrest should be the same as well.

When pulled over for a DUI, there are a couple of things one should keep in mind. The first is that one should be respectful. The officer is only doing his or her job. Answer questions directly and as they are asked. The second point to remember is that your cooperation with law enforcement should end when you start incriminating yourself. Thanks to the Fifth Amendment of the federal Constitution, we have been assured the immutable right against incriminating ourselves. All states have their own state constitution counterpart to the federal amendment. One should never feel obligated to incriminate oneself.

For example, if you are asked by the police if you have been drinking, you should actually feel obligated not to answer. You should feel no obligation to answer questions about the specific amount you may have been drinking. If the officer asks you to step out of the car, you may then ask if you are under arrest. At no time must you exit the vehicle and perform any tests or answer any further questions. Field sobriety tests, such as the one-legged stand and the line walking test, can be failed by someone who is completely sober. In short, they don't tell much about your sobriety, but failure or a deficient performance on any one of them creates the perception, as wrong as it may be, of guilt.

The lesson to always be remembered is that you are not required to offer evidence against yourself. The fate of your charge and how it is handled rest entirely with the prosecutor, no matter what the officer at the scene may promise you. At the very most, be cordial, respectful and polite, but do not cave to the pressure to "cooperate". It will not make things better, and almost always makes things worse. I have never in all my years of practice thought "Gee, I wish my client would have talked to the cops more." However, I have said the exact opposite to myself many times - I wish they had talked less. Often, a lot less!

If you do not offer a breath sample or a blood sample, and do not participate in any field sobriety tests, you stand a good chance of getting the initial DUI charge reduced or dismissed. You are not gaming the system, or getting off on some sort of "technicality" - it's simply exercising your constitutional rights. You can only exercise them if you know them, and that's the point of this article, to make sure you are properly educated and equipped in the event you are ever stopped and arrested for something you may in fact not have done.

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Nathan Moore is a Nashville DUI attorney and Nashville criminal lawyer licensed to practice in the State of Tennessee. He has represented hundreds of people accused of crimes and is well-versed in the DUI laws of the state. If you are interested in contacting Nathan regarding a Tennessee DUI, you can either visit his website or contact him by phone at (615) 346-2213.
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