Knoxville Breath and Blood Testing Lawyer
Knox County Attorney Dealing With Inaccurate Breathalyzer and BAC Results
Driving under the influence (DUI) is a serious offense that carries severe penalties in the state of Tennessee. If you are stopped by law enforcement based on the suspicion that you had been drinking or using drugs, an officer may ask you to submit to a breath or blood test to measure your blood alcohol concentration (BAC). These tests can play a significant role in DUI cases, and they can provide crucial evidence for prosecutors to prove beyond a reasonable doubt that you drove while impaired. To ensure that your rights are protected, you can work with a criminal defense attorney to address BAC tests and determine how the evidence collected by police officers may affect your case.
At Jeffrey Coller, Knoxville Criminal Defense Attorney, we provide effective representation for people who have been charged with DUI. We can evaluate blood or breath tests performed during or after DUI arrests to determine their validity, and we can provide guidance on when evidence can be challenged and what other defense strategies may be available. We work to ensure that our clients are treated fairly and that they can resolve their cases successfully.
When Can Breath and Blood Tests Play a Role in Tennessee DUI Cases?
A breath test (commonly known as a "breathalyzer") measures the amount of alcohol present in the air a person breathes out. This can provide an estimate of their BAC. Blood samples taken from a person can also be used to directly measure the amount of alcohol in their bloodstream. These tests will typically be performed by police officers following an arrest for DUI.
Tennessee law allows breath or blood tests to be performed if a person consents to testing, including the implied consent that applies when a person operates a vehicle on the state's roads. Police officers may also be able to obtain search warrants in situations where a person does not consent to testing. Breath and/or blood tests will be required in certain cases where a person is suspected of DUI, vehicular assault, or vehicular manslaughter. If an accident occurred in which a person was injured or killed, if a driver was transporting a passenger under the age of 18, or if a driver had previously been convicted of one of these offenses, officers are required to perform BAC testing.
Breath or blood tests showing a BAC level above the legal limit of 0.08 percent will serve as a key piece of evidence in a DUI case. The results of these tests will be used to argue that a driver was impaired and unable to drive safely. If tests show high BAC levels, additional penalties may apply. For example, a first-time DUI with a BAC of .20 percent or more has a mandatory minimum sentence of seven days in jail.
It is important to note that while these tests are widely employed by police officers, they are not always accurate. Breathalyzers must be calibrated regularly and operated correctly for their results to be considered reliable evidence in court. Blood tests may be inaccurate due to testing errors, contamination of samples, or other factors. An experienced DUI defense attorney can help determine whether any issues related to the accuracy of BAC tests could be used to challenge this evidence and defend against a DUI conviction.
Contact Our Knox County DUI Defense Attorney
If you have been charged with a DUI offense in Tennessee based on the results of a breath or blood test, it is crucial to seek legal representation as soon as possible. At Jeffrey Coller, Knoxville Criminal Defense Attorney, we will thoroughly review your case, looking at how these tests were administered and whether your rights were violated at any point during or after your arrest. We will help determine the best defense strategies in your situation, and we will advise you on how you may be able to avoid a conviction or seek a reduction in the penalties you may face. To set up your free initial consultation and get started building a DUI defense strategy, contact us at 865-281-1000.