DUI Blood Test in Tennessee

In Tennessee, a DUI (Driving Under the Influence) charge can involve several types of tests, and one of the most critical is the blood test. If you’re suspected of DUI, officers may request a blood test to measure the blood alcohol concentration (BAC) or to test for drugs in your system. Here’s an overview of how DUI blood tests work in Tennessee and why hiring a criminal attorney is essential:

DUI Blood Tests in Tennessee:

1. When is a Blood Test Used?
   • Refusal of Breath Test: If you refuse to take a breath test, officers may seek a warrant for a blood test, and often do. This is common when the driver is suspected of being under the influence of drugs (which can’t be tested by breath), or if there is a medical condition that prevents a breath test, or if the jurisdiction you were stopped in doesn’t have access to breath testing machines.
   • Accident or Injury: In cases where the driver has been involved in an accident or has sustained injuries, law enforcement might choose a blood test over a breath test for a more accurate reading. In most cases they will seek a search warrant for that blood.  I never advocate volunteering or consenting to a blood test (unless you know it will help your case). I recommend refusing consent to all testing without an attorney.
   • Probable Cause: If there’s probable cause to believe the driver is intoxicated, a blood test may be obtained by search warrant, even if you refuse to consent. 
2. Implied Consent Law:
   • Tennessee has an implied consent law, which means that by driving in the state, you’ve already consented to chemical tests (breath, blood, or urine) if you’re suspected of DUI. Refusing a blood test or any other chemical test can result in a license suspension, fines, and possibly an extended criminal or civil charge.
3. Accuracy of Blood Tests:
   • Blood tests are generally considered more accurate than breath tests for determining BAC and drug levels. However, they can also be subject to errors in collection, handling, or analysis. Challenges to the procedure or lab results can form the basis for a defense strategy.

Why You Need a Criminal Attorney:

1. Challenging the Results:
   • A criminal attorney can help you challenge the blood test results. Issues like improper collection, contamination, or errors in analysis can undermine the validity of the test results, potentially resulting in the dismissal of charges.
2. Understanding Your Rights:
   • An experienced attorney will ensure that your rights are protected throughout the process. For example, they’ll make sure that any tests were administered in compliance with the law and that you weren’t coerced into providing consent.
3. Assessing the Evidence:
   • DUI cases are often built on a combination of evidence, including the blood test, field sobriety tests, and testimony from the arresting officers. A criminal attorney can scrutinize the evidence, identifying weaknesses in the case against you and crafting a defense strategy accordingly.
4. Negotiating for Lesser Penalties:
   • Even if the evidence seems strong, an attorney can help negotiate a plea deal, potentially reducing penalties, such as fines or jail time, or seeking a reduction in charges. In some cases, the attorney may be able to secure a reduction in charges that prevent your license from being suspended or revoked and prevent you from going to jail.  NEVER just walk in, tuck your head, and plead guilty without consulting an attorney. There is so much that can be done even if you think it’s hopeless.   
5. Preventing Long-Term Consequences:
   • A DUI conviction can have long-term consequences, including a permanent criminal record, high insurance rates, and limitations on your ability to travel or work. A criminal attorney will work to minimize these effects and protect your future. Especially with regard to jail time and the ability to drive.
6. Litigating the Case in Court:
   • If your case goes to trial, having an attorney who understands the legal intricacies of DUI cases can significantly improve your chances of success. They’ll be able to cross-examine witnesses, challenge evidence, and present your defense effectively.

In summary, a blood test in Tennessee as part of a DUI case is a serious matter. While these tests can provide valuable evidence, they are also subject to challenges. A criminal attorney like Nashville DUI Attorney David Ridings is essential to protect your rights, scrutinize the evidence, and defend you against potentially life-altering consequences. If you are facing DUI charges, it is crucial to seek legal counsel as soon as possible to navigate the complexities of the case.

Ridings has been on every side of the criminal justice system for almost forty years.  He knows the players, and has made relationships that are vital to resolving a case like this favorably for his clients.  Make sure you get the best advice from an attorney who has experience you just can’t get from a book.  Call Nashville’s DUI attorney David Ridings today, and get some rest tonight!