Alcohol can impair judgement just enough to lead to unfortunate and perhaps costly mistakes. However, just because an individual is accused of driving while impaired doesn't mean that they are actually guilty of the charge. If the authorities allegedly notice a safety violation and pull a driver over, they may notice indications the driver might be under the influence and ask the driver to perform a field sobriety test, which could lead to a drunk driving charge. In this instance, the burden is on the government to prove that a person's blood-alcohol content is truly above the legal limit.
Tennessee police recently pulled over a man because they alleged that the light over his license plate was not working. The police report states that authorities noticed that the man had trouble with his speech and that there was a smell of alcohol on his breath once they pulled him over. Police then arrested the man.
The 56-year-old man reportedly would not allow authorities to draw blood to confirm his blood-alcohol level. He was held until the courts granted a warrant to mandate that a sample be provided. Once a warrant was obtained and the blood was analyzed, the man was charged with his fourth DUI.
Fighting a fourth drunk driving charge, considered a repeat offense, can be a serious battle for a defendant to fight. Anyone facing a fourth DUI charge is accused of a felony DUI, and if convicted, may face a jail sentence in addition to other consequences. While prosecutors are faced with the burden of proof, a track record of repeat offenses can make the defense more complicated. Anyone who may be facing similar charges is still entitled to a fair and equitable trial, however, under the same laws that protect the rights of all residents of Tennessee. Understanding those rights is typically the first step in pursuing the best outcome possible.
Source: www.wgnsradio.com, Suspect Stopped for License Plate Light Violation, No author, Nov. 18, 2013