Cleveland, TN asked in DUI / DWI for Tennessee

Q: What is my recourse if the cop lies and says he smells alcohol and the fact that i dont drink

I have not had a drink in over 40 years

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1 Lawyer Answer
Brandon D. Fersten
Brandon D. Fersten
  • DUI & DWI Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: If you were arrested for DUI it is imperative that you hire a DUI lawyer. Officers routinely write "strong odor of alcohol, slurred speech, unsteady on feet, red watery and bloodshot eyes" in nearly every arrest warrant for DUI. The only recourse is to question him on the witness stand in open court through cross examination by your attorney or reaching a negotiated resolution before a hearing. Since you do not drive alcohol, the body cam footage should be telling in showing exactly what you looked like that night which should be inconsistent with impairment by alcohol.

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