CONSULT WITH A SKILLED MURFREESBORO DUI ATTORNEY REGARDING BREATH AND BLOOD TESTS
If you are arrested for driving under the influence (DUI) in the state of Tennessee, you are required by law to submit to a chemical test. A blood, breath, or urine test will be administered back at the police station, and it is up to the officer to determine the testing method. While you do have the right to refuse chemical testing, it is usually advisable to submit to testing since refusal will carry strict penalties.
Any DUI charge is serious and requires a criminal defense attorney who is deeply familiar with DUI law. The Murfreesboro DUI attorneys The Law Offices of Joshua T. Crain are award-winnings and includes a former prosecutor who knows how the prosecution thinks. He has been nationally recognized as a Top 100 Trail Lawyer and has a proven track record of negotiating reduced charges and securing acquittals. Find out how our legal team can help you by scheduling a free defense consultation today.
WHAT IS A BREATH TEST?
A breath test attempts to measure your blood alcohol content (BAC) level through exhaled breath. Drivers who are arrested for DUI will be taken to a nearby facility, usually a police station, where they will blow into a machine designed to analyze their BAC. If the reading is over .08%, then the driver’s license may be suspended. A breath test cannot be redone.
A breath test’s results can sometimes be challenged in the following ways:
- Unqualified operator
- Improperly calibrated machine
- Equipment malfunction
WHAT IS A BLOOD TEST?
A blood test involves drawing at least two vials of your blood. One vial will be sent to a lab for analysis while the other is kept for a retest. You have the right to conduct an independent blood test in a lab of your choosing. Law enforcement will not always be upfront about this right but if you were given a blood test, this can be a critical factor in your defense.
The following factors can all be used to challenge a blood test’s integrity:
- Discrepancies between blood tests
- Errors in paperwork or documentation
- Untrained lab technicians
- Mishandled or improperly stored samples
WHAT HAPPENS IF I REFUSE A CHEMICAL TEST IN TN?
Tennessee State has an implied consent law that applies to all motorists driving on public roads. This law states that by receiving a driver’s license, you have already consented to any chemical test an officer should request in the event of your lawful arrest. Refusal to submit to testing will result in an immediate suspension of your license.
For a first offense, your license can be suspended for one year and penalties can increase depending on variables, such as if bodily injury occurred due to your alleged intoxication behind the wheel. Even if you refuse a chemical test, you can still be convicted of DUI. A prosecutor can and most likely will argue that your refusal is indicative of guilt.
CONTACT A DUI LAWYER TODAY
If you have been accused of DUI, it is vital to contact an experienced Murfreesboro DUI lawyer immediately. Even if you registered above the legal limit on a chemical test, The Law Offices of Joshua T. Crain may still be able to defend your case. No test is free from error, and our firm is intimately familiar with the inconsistencies and inaccuracies associated with both testing methods. When your future is on the line, you need our experienced legal team fighting for you.