Michael Phelps arrested for DUI in Baltimore
Michael Phelps, the most winning Olympian of all time who last swam in the Olympics in 2012, has been arrested for DUI. Maryland Transit Authority police reportedly arrested Phelps around 1:40 a.m. in the Fort McHenry Tunnel on I-95 in downtown Baltimore. Based on a statement by the Maryland Transportation Authority (MDTA), an officer was operating stationary radar on southbound I-395 leaving Baltimore City when a White 2014 Land Rover was clocked at excessive speed (84 mph in a 45 mph zone). Mr. Phelps was identified as the driver by his driver’s license and appeared to be under the influence of alcohol and/or drugs. He was unable to perform satisfactorily on the standard field sobriety tests (SFSTs). As a result of the officer’s observations and his poor performance on the SFSTs, Phelps was arrested and charged with driving under the influence. Phelps, 29, has a prior DUI arrest in 2004, wherein he was placed on probation for eighteen (18) months. All of the DUI arrests are amongst the allegations of illegal marijuana usage, including the viral YouTube video of Phelps “hitting a bong.”
DUI in Tennessee
In Tennessee, it is illegal to drive a vehicle if you are impaired by alcohol and/or drugs. If you are stopped by police while under the influence of alcohol and/or drugs, you will be charged with Driving under the Influence (DUI). Additionally, Tennessee has an implied consent law, which states that, by merely driving on the roadways of Tennessee, you are agreeing to submit to a chemical blood alcohol/drug test (blood, breath, or urine) if asked to do so by a police officer. If your blood alcohol content (BAC) to be 0.08 or higher, you will be charged with DUI; this is called DUI per se. If you choose to violate the Tennessee Implied Consent Law, and if the police officer, in his/her sole opinion, believes that you are under the influence of alcohol and/or drugs, and finds evidence that you are driving while impaired, e.g., swerving, driving too slow or fast, you can still be charged with DUI.
Penalties for DUI in Tennessee
Penalties for a first offense DUI in Tennessee include, but are not limited to:
• 48 hours in jail (7 days if BAC >.20)
• $350 to $1500 in fines
• 1 year revocation of your driver’s license
• Restitution payments, if applicable
• 6 month ignition interlock requirement
• Court costs
• SR22 insurance requirement
What Can An Attorney Do For Me If I’m Guilty?
If you submitted to a Breathalyzer and your BAC is >.08%, the first inquiry is into the testing equipment maintenance and calibration history to see if the machine has been maintained up to Tennessee Bureau of Investigation certification standards, and whether there have been any problems with the specific equipment that could lead to an inaccurate BAC measurements. The circumstances of the administration of the breath test will be scrutinized to ensure that the breath sample was accurately obtained, i.e. did the officer wait 20 minutes prior to administering the test to make sure that you did not burp, hiccup, or regurgitate into the equipment, thereby increasing the BAC reading.
Hire an Experienced Tennessee DUI Attorney
If you have been arrested and charged with Driving Under the Influence, the best thing you can do is to contact an experienced DUI lawyer. Tennessee DUI laws are complex, the penalties are harsh, and the costs are expensive. The best defense to a DUI charge is a good offense; a good DUI lawyer knows the law and the science and can help you avoid a conviction and its consequences. Request a Free Initial DUI Consultation Online or call or offices today to meet with one of our experienced DUI lawyers.
