Drunk driving laws and alcohol breath tests in Tennessee

February 06, 2013 (Press-News.org) Alcohol breath tests are one of the main ways in which drunk driving laws are enforced in Tennessee. While the measuring of one's blood alcohol content by way of an alcohol breath test is very much relied upon by law enforcement, these tests have their shortcomings. Those involved in drunk driving situations where an alcohol breath test is administered should be mindful of these shortcomings so as to avoid erroneous but incriminating results.

The role of alcohol breath tests in Tennessee drunk driving law

Tennessee drunk driving law links a person's blood alcohol content to the severity of the punishment for the crime of which a defendant might be accused. For example, a first-time DUI offender with a blood alcohol content of 2.0 or more will have a minimum jail time of seven consecutive days. Other crimes will require a BAC of 0.08 or more in order to apply. Whether it be the deciding factor in guilt for a particular crime itself, or merely a factor in determining the severity of the punishment, alcohol breath tests are not perfect.

Alcohol breath tests work with varying accuracy

Alcohol breath tests can be administered at the scene of the alleged crime, or soon after the arrest at a nearby police station or lab. Testing at the scene of the crime could lead to erroneous results. For example, bleeding in the mouth of any kind could lead to erroneously high results. Also keep in mind that vomiting, or even burping or hiccupping could artificially inflate the results, as these are all situations where the concentration of alcohol in one's breath could increase substantially.

Testing at the lab is far more reliable, and much more likely to hold up in court, but it remains imperfect. Depending upon whether the test is conducted based on the "whole blood" or the "blood serum," there could be as much as a 33 percent difference in the results of the test. It's bad enough that police may make mistakes, but it's particularly concerning to Tennessee residents that an accused person could be arrested due to a faulty test.

Consult and experienced DUI attorney

For those who have been arrested for DUI and subjected to an alcohol breath test, the best and perhaps only way to avoid the maximum penalty and punishment, and in some cases the very record of the arrest, is to contest the accuracy of the alcohol breath test.

The accused person's BAC is crucial under Tennessee drunk driving law and a criminal defense attorney's ability to call the accuracy of the alcohol breath test into question may be the difference between a conviction and an acquittal.

Article provided by Law Office of Kenneth W. Brashier
Visit us at www.brashierlaw.com