Chemical Testing DUI Tennessee

I’m a Nashville Tennessee DUI attorney and posting content about DUI cases can be tricky because the law changes nearly every year in some fashion or another.  But this page is posted in the spring of 2025.  Be sure to consult an attorney like Nashville DUI Attorney David Ridings for the most up to date information and advice.

In Tennessee, chemical testing for DUI (Driving Under the Influence) typically involves blood or breath to determine a person’s blood alcohol concentration (BAC) or the presence of drugs. YOU HAVE THE RIGHT TO REFUSE THIS TESTING, AND SHOULD REFUSE ALL CHEMICAL TESTING WITHOUT THE ADVICE OF AN ATTORNEY.  Since you won’t likely have the luxury of speaking to a lawyer on the scene, my general rule is to refuse all testing unless you KNOW that the test results will help your case.  In other words, you have not had anything to drink, or not more than one drink, and they offer you the breath test.  Then and ONLY then, I might say yes.  But refusing is the best option if you are not positive those results will be negative.   

Here’s a breakdown of how chemical testing works in a DUI case and why it’s important to have a criminal defense attorney:

Chemical Testing in DUI Cases in Tennessee

1. Breath Test: The most common method, where you breathe into a device to measure your BAC. In Tennessee, if your BAC is 0.08% or higher, you can be charged with DUI.
2. Blood Test: Typically used when a breath test is not feasible or in cases involving drugs rather than alcohol. This test measures the BAC or drug concentration in the bloodstream.

If a law enforcement officer suspects a DUI, they can request that you take one of these tests. Refusing a chemical test can lead to legal consequences, including a one-year driver’s license suspension under Tennessee’s implied consent law. This is NOT automatic. You must be convicted of the offense before the Implied Consent effects your license.  In some states this penalty is “automatic” and “immediate”.  In Tennessee you must be convicted of the implied consent charge for your license to be revoked.  Sometimes a good DUI attorney like David Ridings can negotiate the dismissal of this implied consent charge and your license is saved.  That result is depending upon the facts and circumstances, and does not happen in every case.  That’s why you need a good lawyer to investigate the compliance of the officer with the notice of implied consent.  

What does “implied consent” mean?  This means that by driving in Tennessee, you’ve implicitly agreed to submit to chemical testing if suspected of DUI.  In other words, you promise the state of Tennessee that you will agree to all testing requested by a law enforcement officer when stopped and asked.  But…there’s the little thing called the “Constitution of the United States” that provides a right for you to REFUSE testing like that.   If you invoke your constitutional right to refuse, (which you should) you have violated the implied promise you made to the State when you got your license.  That’s why they call it “implied consent”.

Why You Need a Criminal Defense Attorney

A DUI charge in Tennessee can have serious consequences, including fines, license suspension, and even jail time. Here’s why hiring a criminal defense attorney is crucial if you’ve been arrested for DUI:

1. Challenge the Test Results: Breathalyzers and other chemical tests can sometimes be inaccurate due to malfunction, improper handling, or faulty calibration. A skilled attorney can challenge the results of these tests and argue that they were improperly administered or inaccurate.
2. Assess Whether the Officer Had Probable Cause: A defense attorney will examine whether the police officer had a valid reason to stop your vehicle in the first place and if the arrest followed proper procedure. If the stop or arrest was unlawful, evidence from chemical testing may be inadmissible in court.
3. Refusal Penalties: If you refused a chemical test, a DUI defense attorney can help navigate the legal consequences, such as potential license suspension and enhanced penalties. They may help in negotiating or minimizing penalties for refusal, depending on the circumstances.
4. Negotiating Plea Deals: If the evidence against you is strong, an experienced DUI attorney can help negotiate a favorable plea deal, potentially reducing your charges or penalties, such as reducing the DUI charge to a lesser offense (e.g., reckless driving).
5. Knowledge of Legal Procedures: DUI cases can involve complex legal processes, and a criminal defense lawyer will know how to handle all the paperwork, deadlines, and court appearances. They’ll ensure you don’t miss important steps that could jeopardize your case.
6. Minimize Long-Term Consequences: A DUI conviction can affect your job, reputation, and future opportunities. An attorney’s goal will be to minimize these long-term effects, possibly keeping your record clean or reducing the severity of your conviction.

In Tennessee, DUI laws are strict, and the penalties can be severe. Hiring a criminal defense attorney like Nashville’s Criminal Defense Attorney David Ridings ensures you have the expertise to navigate the legal system and increase your chances of a favorable outcome.  Don’t hesitate. Call Ridings today.