Leading Murfreesboro criminal defense attorney, David Clarke answers a common question about breathalyzers in a DUI stop. DUI (Driving Under the Influence) is a common traffic stop in Tennessee. If you have been stopped, it may be because the officer suspects you have been driving impaired because of drinking alcohol. A breathalyzer is a tool that can detect the Blood Alcohol Content (BAC) of an individual. A BAC of .08 (0.08%) or more is considered to be intoxicated under Tennessee law; .04 (0.04%) or more with a commercial motor vehicle.
With his many years of experience defending his clients in Tennessee, specifically DUI charges, he shares his insight into the topic of taking the breathalyzer test if asked by an officer in Tennessee.
Should I take A Breathalyzer?
“Years ago, Tennessee went away from using breathalyzers. It’s not something that, if you get pulled over, it’s likely that you will be asked for that. What comes up more often is once you’re arrested and you’re taken to the jail, the officer will request that they get a blood sample and then that blood sample is what gets tested for your level of alcohol. That blood sample can take place actually directly at the jail or at a local hospital depending on the circumstance. Once you’ve been arrested and the cop asks you to give your blood, at that point, it’s no benefit to you to refuse. If you do refuse, what they will do is get a search warrant and then forcibly have it taken from you so it doesn’t do you any benefit in refusing. It will also entail an additional charge being placed against you for what’s called violation of implied consent for refusing that blood test. You’re better off just acquiescing and taking the blood test once it’s requested.“
Contact Your DUI Lawyer Today
If you are charged with a DUI, contact Attorney Clarke for compassionate and effective representation. He understands your concerns and will work vigorously to defend you with passion, discretion, and care.
Contact the Clarke Law Firm by calling Murfreesboro DUI Lawyer David Clarke at 615-796-6299. Se Habla Español 615-809-1255