Blood & Breath Tests in Tennessee
Consult with a Skilled Murfreesboro DUI Attorney
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
at Joshua T. Crain, Attorneys at Law 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
- 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, Joshua T. Crain, Attorneys at Law 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.
Schedule a case evaluation
today by calling (888) 988-5578.