Tennessee Criminal Defense
Breath & Blood Tests You  Deserve Trial-Tested and Award-Winning Advocacy 



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. Murfreesboro DUI attorney Joshua T. Crain is an award-winning 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 his legal team can help you by scheduling a defense consultation today.


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


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


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.


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, Attorney at Law may still be able to defend your case. No test is free from error, and his firm is intimately familiar with the inconsistencies and inaccuracies associated with both testing methods. When your future is on the line, you need an experienced legal team fighting for you.

Schedule a case evaluation today by calling (615) 200-9409.

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  • “Sometimes in life, circumstances happen to us and our loved ones that require professional help. We met with and found Joshua Crain to be that individual. He not only helped our daughter, but he gave ...”

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  • “I was stopped on my way to Bonnaroo from out of state on what I thought to be shaky grounds and lied to about speeding. I also had my rights violated because of the precedent that you can't call for a ...”

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  • “Mr. Crain represented me in a child custody case. He kept in touch and was extremely thorough throughout the process. I did not have to worry whether my case was getting the attention needed and ...”

    - Christy
  • “Used Mr. Crain as an attorney recently and he was very helpful. He and his staff answered all my questions at any time of day and lead me through a difficult time until it was over and done with. I ...”

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  • “Mr. Crain is an amazing attorney. He helped with my divorce. It should have been an easy divorce because my ex and I were on the same page. But, it was not. It ended up being a really frustrating ...”

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WHy Choose Joshua T. Crain?

  • Cutting – Edge Advocacy

    As a private attorney, Joshua has approached his cases with the same energy and drive that made him a successful prosecutor. His Tough defenses and aggressive approach have earned him a reputation in the community.

  • Not Your Average Attorney

    Joshua T. Crain is down to earth attorney that relates to the struggle of his clients. He understands what it is like to invest in something and views his clients as a person that he really wants to help.

  • Over a Decade of Trial Experience

    With over a decade of trial experience, Joshua T. Crain has the knowledge to know when to be aggressive and when to back off. This knowledge has resulted in several favorable outcomes.

  • Does Not Pass Judgement

    Joshua T. Crain does not pass judgments on his clients. He knows that one mistake does not define a person. He sees his clients for who they are and not the mistake that they made. 

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