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Campbell County criminal defense attorney DUI

Although you consent to take roadside blood alcohol content (BAC) tests when a Tennessee DMV issues your driver’s license, there are still reasons that you may wish to contest alcohol breathalyzer tests. A 2019 New York Times investigation discovered that in many cases, alcohol breath test machines are not reliable enough to justify the nearly 1 million Americans arrested each year for driving under the influence (DUI). To gain a deeper understanding of why you and your attorney should consider contesting an alcohol breath test, it is crucial to understand why these machines mislead in so many cases. 

Breath Alcohol Tests

Part of The New York Times' investigation discovered that judges in Massachusetts and New Jersey discarded 30,000 breathalyzer tests in just one year due to human error. Thousands of more drivers have had their tests invalidated, and that alone is a strong reason to consider contesting the results of your BAC test. 

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Campbell County BUI defense attorney

If law enforcement personnel suspect that you are driving under the influence in Tennessee, they will most likely ask that you take a Breathalyzer test to obtain an estimation of the alcohol levels in your body. They also might ask you to take other, more subjective field sobriety tests, such as the Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus tests. You are faced with an important choice when a police officer asks you to take a Breathalyzer test or field sobriety tests, so it is essential to know what the law requires of you at that moment, as well as following an arrest. Regardless of the circumstances of your arrest, you will want to work with an accomplished criminal defense attorney to aggressively defend your rights and minimize the potential consequences you may face.

Tennesse’s Implied Consent Law

In Tennessee, when motorists obtain their licenses, they automatically give consent to submit to a blood alcohol content (BAC) test if they are requested to do so by police. However, it is important to understand that implied consent does not apply to roadside breathalyzer tests or field sobriety tests. These tests can be refused, although this refusal may give an officer probable cause to arrest you on suspicion of drunk driving.

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