Driving under the influence is one of the most common crimes to be prosecuted. This is a serious charge. Anyone facing the potential jail time, loss of driving privileges and fines associated with it needs someone knowledgeable on their side. The good news is that there are a number of potential defense strategies that can be used by a knowledgeable criminal defense attorney.
Criminal defense attorney John P. Webb recently successfully defended a client in a DUI case in Williamson County. This case in particular is a great example of how beneficial it can be to enlist the help of an experienced criminal defense attorney. The knowledge they can bring to the courtroom is invaluable.
John P. Webb has been serving the middle Tennessee area for over a decade as a criminal defense attorney. Contact him today for a free consultation!
The client was involved in a car accident. The accident was serious enough to necessitate the arrival of paramedics, who were followed by police officers. Soon after their arrival, the police officers grew suspicious of the client. They believed the client to be operating the vehicle under the influence of drugs and/or alcohol, so they obtained blood samples from the client.
The results of these blood tests showed the existence of drugs in the client’s system, which led the police officers to charge the client with DUI.
Reviewing the Facts
John P. Webb began reviewing the details of the case. He obtained the client’s hospital records. They provided evidence of what the paramedics did while on the scene of the accident. One such detail that he found in his review was that the paramedics had administered pain medication upon their arrival at the scene of the accident. This was before the police officers performed their blood test for drugs and alcohol in the client’s system.
This means the client’s bloodwork was tainted by the drugs administered by the paramedics.
Armed with the sequence of events at the scene of the accident, John P. Webb brought the evidence to the attention of the district attorney. They discussed the facts of the case and the timeline. John eventually convinced the district attorney to drop all charges against his client.
The case was dismissed.
What Is DUI?
DUI stands for driving under the influence. A person can be charged with DUI when they are found to be operating a motor vehicle while under the influence of drugs or alcohol. The individual does not even need to be actually driving the vehicle in order to be charged. It can be enough for them to simply be in physical control of an automobile that is parked.
Different regions have different definitions of what constitutes an impaired driver. Here in Tennessee, a driver that is found to have 0.08% of alcohol in their blood is considered to be impaired. However, a driver found to have a blood alcohol content above 0.20% is subject to aggravated penalties because of the severity of the intoxication.
Tennessee requires jail time for anybody charged with DUI, including first time offenses. This stay in jail is a minimum of 48 hours (or seven days if the BAC was above 0.20%). However, this sentence can be as high as 11 months and 29 days. There is also a fine associated with DUI first offense that can range between $350 up to a $1,500 fine.
The penalties for DUI get more severe if a person repeats the offense. A second DUI conviction carries a minimum of 45 days in jail with the maximum again climbing up to 11 months and 29 days. The fine ranges between $600 and $3,500. The state will also revoke the driver’s license for two years. And when they get it back, it can only be used for specific reasons. A second DUI can also cause the state to confiscate your vehicle.
A third DUI has a minimum jail sentence of 120 days and a maximum of one year. The fines range between $1,100 and $10,000 and the license is revoked for 6-10 years.
Call John P. Webb, an Experienced Criminal Defense Attorney in Middle Tennessee
This case had unique circumstances that led to its dismissal, but all cases are unique. It takes an experienced and knowledgeable defense attorney to adjust to these differences to find the truth hidden within the data.
John P. Webb has been practicing criminal law at his own law firm for more than a decade. His experience and expertise are an indispensable asset to those that find themselves facing criminal charges.
Are you in need of a criminal defense attorney in middle Tennessee? Contact John P. Webb for a free consultation today!