Lance B. Mayes Attorney at Law
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DUI/DWI Frequently Asked Questions

1. What about the breath machine?

• Breath tests are often in error or illegally obtained

Throughout our professional careers as DUI lawyers, the most often asked question is "Can you beat the breath machine?" The most simple answer is "yes" the breath machine can be beaten. One only has to look at the "facts" to see that our office has consistently obtained favorable results on cases with sometimes very high breath test readings. The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence.

• Did the officer observe you for a period of 20 minutes prior to taking the breath test?

• Did the officer tell you to "keep blowing" during the breath test?

• Did the police officer have his/her radio on during the breath test?

• Was the initial stop by the officer unlawful?

• Was the arrest by the officer unlawful?

• Was the machine properly calibrated?

• Were you absorbing alcohol or eliminating alcohol at the time of the stop?

• Did you finish drinking just prior to being pulled over?

 

 

2. What about your driver's license?

For those people who blew a .08 or higher on the breath machine, your driver's license is suspended for a period of 12 months. If you refused to provide a breath, blood or urine test, your driver's license can be suspended for 12 months, and if you have a CDL refusing any such test your license is suspended for 12 months. However, you have an opportunity to not lose your license by hiring a experienced, skilled attorney to defend your case.

 

 

3. How strong is your case?

During the course of a DUI investigation the police are required to follow certain procedures. Failure to do so can lead to the dismissal of your DUI case. What many people refer to as a "technicality" or "loophole", is actually a way of using the constitution to protect your rights. Our firm has spent years developing techniques that are designed to dismantle the toughest cases with the highest breath test results. The following is a list of questions which can dramatically impact the outcome of your case. If you answer yes to any one of them, you owe it to yourself to call for a free consultation.

Did the officer tell you that your license would automatically be suspended if you refused a breath test?

Did the officer fail to tell you that you had the right to a lawyer before taking any roadside tests?

Did a police officer tell you to "keep blowing" during the breath test?

Were you stopped for any of the following reasons: Speeding, Weaving, Failure to Maintain a Single Lane, Obstruction of Traffic?

Do you suffer from any injuries or illnesses which might affect your balance?

Were you involved in an accident in which you suffered any injuries?

Did the officer mistake nervousness or exhaustion for intoxication?

Were roadside sobriety tests conducted on a surface that was not flat, dry and well-lit?

Did the officer fail to observe you for 20 minutes immediately prior to the breath test?

 

 

4. What are the penalties?

• Tennessee Has Some of the Toughest D.U.I. Penalties
   in the Country

• D.U.I. laws provide for immediate suspension of your driver's license upon a finding of guilt, in most cases

• Fines are from $350.00 to $1,500.00 for a first offense. Our lawyers will help insure that you get the minimum penalty if you are found guilty.

 

 

5. What if you are convicted of D.U.I.?

• You will have a permanent criminal record for the rest of your life

• Your license will be revoked

• You will be placed on probation

• You will have to complete substance abuse classes

• You face jail time of a minimum of 48 hours even on the first offense

• A D.U.I. conviction often results in higher insurance premiums for years to come

• If you are not a U.S. citizen, a D.U.I. conviction can result in deportation

• If this is a second offense or more you could face mandatory jail

• If this is a third offense or more you could face a felony conviction and up to 5 years in prison

 
 
 
 
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The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

Copyright 2005 - 2012 by Lance B. Mayes. All rights reserved.
You may reproduce materials available at this site for your own personal use and
for non-commercial distribution. All copies must include this copyright statement.

 
 
   
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