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KNOXVILLE, TN DUI / DWI  Criminal Defense ATTORNEY

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Tennessee DUI Lawyers Protecting Your Future

Can the police charge me with a breathalyzer refusal, even though I tried to blow into it?

DUI Field Sobriety & Chemical Testing

If the driver has been stopped for suspicion of driving under the influence they will usually be ordered out of the motor vehicle to perform field sobriety tests. While standing on the side of the road, a police officer guides the driver through a group of balance, coordination, and mental skill tests. Below are some typical tests used by practically all law enforcement agencies.

The coordination tests

The individual using one hand, is normally required to touch each finger with the thumb, proceeding from the index finger to the pinky finger and then back down again. This process indicates skill and also the ability to follow directions. Additional coordination tests consist of asking the motorist to count backwards while touching the nose with the tip of the index finger and while the motorists eyes are shut closed. Some of these tests are difficult to do when completely sobe also the test can be affected by the actual test conditions and the police officers own capability to give clear and understanable directions. Frequently the police officer does a inadequate job of describing what exactly is required.

The balance tests

The individual is normally required to stand on one foot as well as lean back with their eyes closed. An additional balance and stability field sobriety test is asking the driver to walk a line typically in darkness of night. Innocent factors effecting balance field sobriety tests range from the actual location and conditions associated with the test (on the side of the road with vehicles speeding by), the particular lighting, the particular surface and elevation of the test location, the weather, and the individuals shoes can all play a role in establishing the accuracy of the testing.

The psychological and mental skills tests

Saying the alphabet, counting backwards from a unique number can all part of testing a individuals mental skill and ability to concentrate on a task. The majority of experienced DUI defense lawyers can easily point out why these tests in many cases are deceptive since they are typically administered late at night, while the individual is nervous, tired and under interrogation. Further, the police officer's judgment of poor overall performance on these field sobriety tests doesn't necessarily indicate the individual driver was so intoxicated he or she could not operate a motor vehicle safely.

Chemical DUI testing - Once the police officer establishes there is probable cause to determine the driver is under the influence, the police officer will place the driver under arrest for driving under the influence and have him or her transported to jail for a chemical test. Many jurisdictions offer the driver the choice of a blood, breath or urine test. A skilled Tennessee DUI defense attorney should be well-versed in each of these tests and will investigate the following factors in order to challenge the case in court:

The breath test

When was the breath machine last calibrated? has the machine been serviced just before or after the test? Has the equipment and the operator been certified by the state? Exactly what calculations does the device use in order to convert air flow alcohol to blood alcohol? Is the device susceptible to outside interference coming from nearby electronic equipment? Did the individual burp or belch just before taking the test? Did the individual use mouthwash or breath spray that may have contained alcohol before taking the test?

The blood test

Was the blood drawn within the time specified by law? Was the blood drawn by a person that is certified? Was the proper amount and type of preservative used in the vial used to store the blood? Was the blood properly stored after the test?Is there a sample readily available for the defense to test independently? Is the officials, procedures and equipment used in the test all certified by the proper authorities.

The urine test

Did the individual completely empty his or her bladder before he or she provided the urine sample? Did the individual being tested wait the required time before he or she provided the sample? Was the sample correctly stored after testing? Is there a sample readily available for the defense to test independently? Is the officials, procedures and equipment all certified by the proper authorities? These kinds of questions will go a long way in putting a ding in the prosecutor’s case.