A Tennessee man was arrested after a law enforcement officer pulled him over for making an illegal turn on Interstate 40. Upon approaching the vehicle and speaking with the driver, the officer reports that the man had blood-shot eyes and was displaying behavior that is often associated with intoxicated driving. After a failed sobriety test, the driver was arrested.
At the time of the traffic stop, there were two young children in the car. The man was officially charged with driving under the influence (DUI) and endangerment of the children. According to the report, there was what appeared to be marijuana in the vehicle, and the man supposedly admitted to taking prescription medication before getting behind the wheel.
The Tennessee police officer informed the man of the implied consent law, but he refused to submit to a chemical test. While every driver does have the right to refuse to be tested, refusal will immediately result in an arrest. He was released upon posting bond and is awaiting his June court date. In the meantime, he is still considered innocent because he has not yet been convicted of any crimes. Additionally, he has the right to seek the assistance of a defense attorney in order to combat these charges and avoid any possible consequences.
When an individual is arrested after a failed sobriety test, it is in his or her interest to seek qualified help promptly. No matter the circumstances of the crime, every defendant has the right to legal representation and due process. The criminal justice system is complex, but an individual can protect his or her rights with the assistance of a legal ally.
Source: herald-citizen.com, "DUI driver charged with reckless endangerment of kids", Tracey Hackett, April 8, 2015