First Offense DUI
Record-Setting Results
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Not Guilty DUI
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Case Dismissed DUI
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Case Dismissed Order of Protection
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Dismissed; Others Reduced to Reckless Driving Felony & Criminal Defense Successes
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Reduced to Due Care Violation DUI
Evidence That May Be Challenged in a First DUI Case
A DUI arrest doesn’t make every piece of evidence reliable or admissible. Drawing on Eric Larsen’s law enforcement and corrections background, we look for weaknesses in how the stop, investigation, testing, and arrest were handled.
Important areas for review include:
- Traffic stop: Whether the officer had a lawful basis to stop the vehicle.
- Field sobriety testing: Whether tests were properly instructed, demonstrated, administered, and scored.
- Breath or blood evidence: Whether collection and testing procedures support the reported result and whether breathalyzer accuracy issues are present.
- Officer statements: Whether written observations agree with body-camera, dashboard-camera, dispatch, or other available records.
- Implied consent procedure: Whether the officer properly addressed Tennessee’s implied consent law, which governs chemical testing and the license consequences of refusal.
A procedural violation doesn’t automatically end a case. Depending on the facts and applicable law, however, it may support a challenge to certain evidence or to a refusal-related license consequence.
Steps to Take After a First DUI Arrest
Early preparation helps preserve details that can be difficult to recover later. Don’t discuss the facts of the case with law enforcement without legal counsel present, and don’t ignore notices about court dates or driving privileges.
Gather the following for your attorney:
- Save the citation, bond papers, test records, license notices, and release documents.
- Write down what happened before, during, and after the stop while details are still fresh.
- Identify passengers, nearby witnesses, or others who saw relevant events.
- Preserve receipts, photographs, messages, location history, and other time-stamped records.
- Record every court date and arrive as directed.
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