Knoxville DUI Breathalyzer Attorneys

Breathalyze Test

The breathalyzer is commonly used by law enforcement to determine whether a person is too drunk to drive. It calculates one's blood alcohol percentage (BAC) by measuring the amount of alcohol in his or her breath. If an individual blows a BAC that exceeds the legal limits enforced by the state (0.08 percent in Tennessee for adults 21 years and older), then he or she may be administered further tests and arrested on suspicion of driving under the influence (DUI). Of course, breathalyzer results are not infallible and can be contested. In other words, a failed breathalyzer test does not necessarily lead to an automatic conviction.

If you have been arrested on suspicion of driving under the influence of alcohol, it is absolutely vital that you get in touch with a dependable Tennessee DUI defense attorney right away. The legal team at Baker & Associates possesses a nuanced understanding of criminal law. Our extensive knowledge and resources allow us to employ the best legal strategies in court for our clients. If you wish to learn more about how we can help you, please call us today at (866) 853-2888.

What Happens if I Refuse a Breathalyzer in Tennessee?

If you refuse to submit to a breathalyzer test, you may be forced to submit to a blood test, under the state's recently enacted “No Refusal” law. The officer can choose to request a warrant from a judge in the jurisdiction to have your blood withdrawn. If the warrant is granted, a blood sample can be taken from you, with or without your consent. This invasive regulation is part of the recent efforts of law enforcement to crack down on drunk driving. It is highly advised that you find a designated driver or a place to stay every time you go out drinking, especially during the holiday season when the police presence is stronger.

You may still face penalties for refusal under Tennessee's Implied Consent laws. The penalties may include automatic license suspension, an exorbitant fine, incarceration at a jail or work house, depending on the circumstances. Additionally, your refusal may be used against you in your DUI case as evidence of your guilt. In most cases, it is best to submit to tests and avoid unnecessary penalties.

What are Common Sources of Breathalyzer Error?

Breathalyzers, like all machines, are susceptible to error. Your attorney may be able to base your defense on one or more of the following common sources of breathalyzer error:

There are numerous other ways in which a breathalyzer test can go wrong. Finally, your defense may be based not on breathalyzer machine error, but administration or procedural error.

Why Do I Need a Lawyer for My DUI Case?

A DUI offense is not a simple traffic ticket; it is a serious criminal offense. A conviction can lead to the loss of professional opportunities and a damaged reputation in addition to legally enforced penalties. If you are currently facing drunk driving charges, get in touch with Baker & Associates now.

More Drunk Driving Information

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929

Phone: (865) 521-0001
Toll-free: (866) 853-2888

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862

Phone: (865) 546-6000
Toll-free: (866) 853-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601

Sevierville Drunk Driving Defense Attorney Disclaimer: The DUI test, driving under the influence, dangerous driving, criminal defense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of TN.

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