Why I Do What I Do

Paul Lewis comments on his personal commitment to DUI defense.

WHY do I do this? Why have I dedicated my practice to representing people accused of DUI? The short answer is that I simply cannot tolerate injustice.

I was a DUI judge for 10 years. As a Municipal Court Judge in the City of Millington, I presided over more than 1,000 DUI cases and tried to verdict more than 100 DUI cases. I resigned because I realized the quality of representation for people accused of these crimes was far short of what it should be.

So many innocent people were pleading guilty based on erroneous legal advice. Reliable statistics show that 100 percent of people who plead guilty to drunk driving are legally innocent. I began to realize that many lawyers don’t ask for information and evidence that could acquit their client because they don’t know how.

As an undergraduate, I majored in Chemistry. I was drawn to DUI defense because of the science involved. I was astounded by the fact that “evidence” presented as irrefutable proof of a person’s guilt is really inaccurate and unreliable. There is so much scientific evidence available to DUI defendants that can prove innocence and cast doubt on guilt.

The biggest area of uncertainty is “the number.” DUI laws are based on the premise that if your blood alcohol level reaches a certain number, you are impaired. But there is really no way to guarantee the tests are accurate and reliable.

For example, defense lawyers are usually not permitted to examine the breath test computer program. How are you to know what the machine is even measuring? What if the machine was faulty? Why should anyone assume that a given machine works perfectly every time? Why should you assume the test was properly administered? Is there any other circumstance in which anyone would be willing to even make these assumptions? In some states, two “blows” on the machine are required to prevent errors. The food you eat and the medications you take will actually contaminate the breath test result.

Blood and urine tests are similarly unreliable. There are so many factors that can throw off these tests – including improper administration, faulty equipment, faulty analysis and other factors – that they need to be carefully examined and reviewed. Yeast, chemicals, I.V. fluids, alcohol preparations, medical records mistakes, chemical interference will all result in a false positive for alcohol.

Many lawyers do not even bother to review arrest records and medical records made at the time of the arrest. The arresting officer always says you appeared impaired, but the officer at the jail may indicate on your medical record that you did not appear to be impaired. This conflict of evidence is often enough to have evidence thrown out. Your medical records could show that you have a condition or take medication that might cause you to fail field sobriety tests. Often diabetics emit a sweet smell similar to some hard liquor. I want to make sure every avenue for your defense is explored and that each of my clients gets the most rigorous defense possible.

Finally, I want to help people stop feeling guilty. I want you to stop worrying. If you have been stopped and arrested for DUI, you may be feeling so scared and guilty that even you may not believe in your own innocence.

Something many people fail to remember is that it is not against the law to drink and drive. It is not wise, of course, but it is legal. Tennessee does prohibit you from drinking if your driving is impaired. I am committed to making sure that innocent people’s lives are not ruined by a false arrest, police prejudice, and lazy lawyering.