Showing posts with label Best Nashville DUI Lawyer. Show all posts
Showing posts with label Best Nashville DUI Lawyer. Show all posts

Wednesday, July 9, 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!

Posted by Jason Barnette, Esq at 9:50 PM 0 comments
Labels: , , ,

Wednesday, June 11, 2014

Barnette Law Offices–Nashville DUI Attorneys

At , we have been defending those accused of for years.  uses several basic legal and scientific examinations in defending against DUI charges.  The actions of the police are governed by numerous policies, procedure and laws. Mistakes, misunderstandings, or errors from the initial contact to the final booking may be helpful in .

An improper stop is one of the most common mistakes police officers make in a .  For example, tips or anonymous calls - in most – does not give an officer a proper basis to pull you over. The officer must observe an actual violation of the law before the stop is legal.

An officer does not have ample cause to pull you over if his stop is predicated upon a mistake of law.  An example is weaving in the lane or “slapping the mustard an mayonase” as some officers refer to weaving.- This observation alone in not a proper basis to stop a driver.  For many reasons a driver may drift or weave within the lane.

Furthermore, an officers may not stop you on a “hunch”.  However, rarely will an officer admit this, but devoid of any other evidence the act speaks for itself. This is why it is imperative to examine the officers video in a timely fashion.

There are also many reasons why the actual arrest may be unlawful.  Field Sobriety Tests are standardized roadside agility tests that are subjectively “scored” by an officer to make an arrest. These subjectively scored tests do have specific rules and guidelines for observations as prescribed by NHSTA. If they are not followed then any and all conclusions by the officer would be improper.

Moreover, rain, snow, and extreme cold or heat can effect observations of driving and performance on FST’s. Failure to consider these factor can affect credibility of the officer.  There are numerous medical and physical conditions that can affect a person’s roadside behavior and performance. These issues should be considered and factored into an officers arrest decision.  Often they are not and in reality, these tests are designed to fail.  If you are asked to perform Field Sobriety Tests, we at advise you to respectfully advise the officer that you do not wish to have them administered.  You are very likely going to be arrested anyway and while flawed, field sobriety tests may be used against you.

Once the officer has completed his reason for the initial stop; he should terminate the contact and allow you to leave unless there are clearly articulated reasons to extend the detention.  Such reasons could be the allegation that the officer “smelled” alcohol eminating from the accused or that the accused had red, watery eyes.  , advises anyone never to speak to an officer as to whether they’ve been drinking.  The common statement of “I’ve had one or two” often leads to a conviction.

In some cases that we see, the officers video simple doesn’t support arrest narrative.  Most law enforcement agencies in middle Tennessee use videos.  When the videos are available, they may not support the arrest or may show facts different from what is in the police report.

Blood draws – whether whole blood or plasma – require specific reasons under . If these are not followed, the test may be inadmissible under the exclusionary rule.  In addition, there are statutory requirements that enumerate specific procedures that must be followed in performing a blood test (and breath tests as is the case in ).  Blood samples are typical not tested by an employee of the TBI. Multiple samples are loaded in a machine; it runs overnight and prints out multiple reports in the morning. This is open to many human and machine mistakes.

The same applies to breath tests to which are used to determine an accused’s blood alcohol concentration.  The operator of the machine must be certified and many officers are not.  The intoxillizer machine must be certified and periodically calibrated at least every 90 days.  Sometimes this does not occur and alarmingly, sometime the mouth piece for test subjects are not changed.

There are specific procedures that must be followed before a proper test can be administered.  Although does not require a reading of your Miranda rights in order to make a DUI arrest, if the officer continues to question you after your arrest, many statements may be excludable if you are not read or do not understand your Miranda rights.

If a witness was responsible for your initial stop or other key element, they will also have to appear at key sections of the case.  If the officer gives different stories, in his report from later testimony, it brings his credibility into question (although a will couch inconsistent statements as a mistake rather than trying to make the officer out to be a liar).

The have expert witnesses who often can analyze reports, breath tests, blood tests (retrograde extrapolation) and video tapes to help determine if the arrest was proper and the facts are correctly presented.  It is a medical fact that during the early stage of drinking, you will show an artificial “peak” while absorbing the alcohol. This means that during the early stages of absorbing alcohol-before it is fully absorbed into your system, you will present an inaccurately high blood alcohol concentration.

If you are charged with a DUI in middle Tennessee, please contact the skilled at as soon as possible.a

n artificially

Posted by Jason Barnette, Esq at 8:46 AM 0 comments
Labels: , , ,
Subscribe to: Posts (Atom)