Tennessee DUI Defense Lawyer
Law Offices Of
James A.H. Bell, P.C.
865.637.2900
The Law Offices Of James A.H. Bell , P.C. represents clients in the cities and counties of Athens | Chattanooga | Cleveland | Cookeville | Crossville | Gatlinburg | Greeneville | Jefferson City | Kingston | Knoxville | Maynardville | Memphis | Nashville | Newport | Pigeon Forge Sevierville and the tri-cities of Kingsport | Johnson City and Bristol | Knox County | Anderson County | Bledsoe County | Blount County | Bradley County | Campbell County | Carter County | Claiborne County | Cocke County | Cumberland County | Davidson County | Franklin County | Fentress County | Grainger County | Greene County | Hamblen County | Hamilton County | Jefferson County | Johnson County | Loudon County | McMinn County | Marion County | Meigs County | Morgan County | Polk County | Putnam County | Rhea County | Roane County | Scott County | Sequatchie County | Sevier County | Union County | Warren County | Washington County.
Disclaimer: The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship. Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction. If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.
Knoxville, TN Criminal Defense Attorney
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Knoxville, TN DUI Defense Lawyer
Field Sobriety Tests
When you are pulled over by the police and are suspected of DUI, the officer will almost always ask you to perform certain tests referred to as field sobriety tests. This name is confusing because it implies that by performing well on these tests the officer may confirm that you are sober and therefore let you go. That is very rarely the case. Field sobriety tests are tools used by police to obtain evidence against you that will be used by the government to prosecute you for DUI.
In Tennessee, field sobriety tests are always voluntary and there is no penalty for refusing to perform them. There are almost no occasions when it would be a good idea to take a field sobriety test at the request of a police officer. There are several reasons that is true. First, the tests, while supposedly scientific and reliable to prove intoxication, are actually highly subjective and inaccurate. Given even the maximum benefit of the doubt, the tests only accurately indicate intoxication between 60 and 75% of the time. Second, the tests are only accurate if administered properly. We find that in almost every case, the officer fails to administer the tests in a way that renders the results reliable. Finally, by the time the officer asks you to perform the tests, his mind will often be made up that you are going to jail for DUI. The tests only serve to build a stronger case against you for the State and the officer.
If you do choose to take the field sobriety tests, there are three standard tests that you may encounter:
The Horizontal Gaze Nystagmus Test – this test measures involuntary eye movement associated with intoxication. Unfortunately, dozens of other conditions and substances also cause nystagmus including caffeine, the flu, asprin, and poor diet, to name a few.
The One Leg Stand Test – this test requires the driver to stand on one leg, heel pointing down, toe toward the sky, hands no more than six inches from the body. The driver often must do this on the side of a road with cars passing, blue lights flashing, under the stress of a DUI investigation, while counting aloud for thirty seconds or more. It’s easy to see why almost no one passes this test.
The Walk and Turn Test – The walk and turn requires the driver to walk a straight line , heel to toe, for nine steps, perform a “proper turn”, and walk nine more heel to toe steps back to the beginning. While this may sound easy, it is difficult to perform under the circumstances without holding out your arms or wobbling. Very few people pass this test either.
Criminal Defense Attorney in Knoxville
When you’ve been charged with DUI you need an attorney who understands not only the law, but the science and the medicine that so often come into play in DUI cases. The lawyers at the law Offices of James A H Bell, P.C. have expertise necessary to defend your case.