What You Need to Know About DUI Chemical
- Last updated on March 9, 2015 at 2:13 pm
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In Tennessee, the legal blood alcohol concentration (BAC) limit is 0.08 percent. You can be charged with driving under the influence simply for exceeding the limit, even if you were not involved in a crash or observed to be driving recklessly. One of the ways law enforcement officials gather evidence is by asking a person suspected of driving under the influence to take a DUI blood test. Here is what you need to know about chemical testing.
Refusing to Take a Test
Tennessee has an implied consent law when it comes to DUI blood test requirements. This means anyone with a driver's license automatically consents to chemical testing if they are pulled over on suspicion of DUI. If you refuse a chemical test, you will have your license revoked for one year, even if you weren't driving under the influence. Talk to a Murfreesboro DUI lawyer if you need more information about your rights.
The officer who pulls you over gets to decide if you will take a blood or urine test. The police officer can even require you to take more than one test. A blood or urine sample must be taken as soon as possible after you are pulled over to ensure accurate results. If you waited several hours to take the test, then talk to your Murfreesboro DUI Attorneys immediately. After such a long waiting period, there is a chance the test results were inaccurate.
It is important to work with an experienced Murfreesboro DUI attorney if you are concerned about the accuracy of your test results. There is a possibility the laboratory technician made an error when processing your sample, or that your sample was mislabeled with someone else's name. There are several other procedural mistakes that can alter DUI test results:
• Improper storage of a blood or urine sample
• Errors during the blood draw or urine collection
• Delays in transporting the sample to the laboratory
• Failure to preserve the sample properly
If a police officer or laboratory technician made a mistake while collecting or processing your sample, one of your DUI attorneys may be able to have the test results thrown out of court.
Some medical conditions affect BAC test results, rendering them unreliable. If you have diabetes, talk to your Murfreesboro DUI lawyer or one of the DUI lawyers in your area to find out if your blood sugar might have had an effect on your BAC test. If you were arrested based on the results of a breath test, let one of your DUI attorneys in Murfreesboro DUI Lawyers know if you have gastroesophageal reflux disease (GERD). GERD causes stomach acid to back up into the throat and mouth, which can affect the results of a breath test.
Fighting DUI Charges
If the laboratory determines your BAC is 0.08 percent or higher, you will be charged with driving under the influence. Although a first offense is classified as a misdemeanor, it is still a very serious charge. If you are convicted, you will lose your license, making it difficult to get to and from work each day. The fines for driving under the influence are rather steep, which can place a financial burden on you and your family. If you are convicted, you may even have to spend some time in jail.
Working with one of the experienced DUI lawyers in Murfreesboro gives you the best chance of fighting your DUI charges successfully. An attorney will review your case, determine the best defense strategy, and walk you through every step of the process.