A DUI arrest in Hendersonville, Tennessee should not be treated lightly. The District Attorney's office in Gallatin and the court system treat those charged with a DUI very seriously. However, fighting your DUI charge is not hopeless. The DUI process starts with an arrest warrant. An Arrest warrant must contain some facts that establish probable cause for the magistrate to issue the warrant. The facts contained in the warrant are the building blocks for your defense.
There are several possible defenses in a driving under the influence case
1. Was there probable cause for the traffic stop?
2. Were the field sobriety tests administered properly?
3. Did you make any statements after you were in custody?
4. Was the blood test performed properly?
5. For those charged with a multiple offense DUI, are the prior convictions valid?
The DUI court process usually starts in the Sumner County General Sessions Court. After you are arrested, you will be given a date to appear in court. You have several options at this stage. First, you could enter into a plea bargain. Second, you can have a bench trial before the judge. Finally, you can have a preliminary hearing to determine probable cause in order to send your case over to the grand jury. Warning: Never let your lawyer talk you into binding your case over without a preliminary hearing.
If your case goes to the Grand Jury, the criminal process starts again. However, the Tennessee Rules of Criminal Procedure apply. You are entitled to demand discovery and file pretrial motions. Warning, the State of Tennessee will ask the court to impose maximum sentencing if you are convicted in criminal court.
There are the main types of evidence in a DUI case. They are the field evidence such as the field sobriety tests and scientific evidence such as the blood tests. Most law enforcement agencies have video in their car so you can request a copy of the video.
For more information, please feel free to contact us by using the contact form on the website or call (615) 265-6383.
