Can I Contact An Attorney Prior To Taking A Breathalyzer In A DUI Case?
No. A person is not permitted to consult with an attorney, family, or friend before deciding whether or not to submit to a blood, breath or urine test to determine the drug and/or alcohol content of one’s blood. There are many ways these tests produce false positives and make a person appear to be under the influence even when they are not.
If The Officer Was Outside His Jurisdiction When He Arrested and Charged Me With A DUI, Does That Make My Arrest Invalid?
As a general rule, officers are only allowed to make stops and arrests within their jurisdiction. After an arrest, we would have to do a case analysis and figure out the arresting officer’s jurisdiction and if there were any circumstances that would have allowed them to make a stop outside of their jurisdiction.
Do I Have To Answer A Police Officer’s Questions Such As How Much I Have Had To Drink Tonight?
No. You do not have to answer questions from the police. In some situations, you may be legally required to either show an ID or give your name, date of birth, and address. It is a good idea to refrain from answering any other questions without the advice of your attorney.
Why Was I Asked To Perform Multiple Breath Tests?
You may be asked to perform multiple breath tests for various reasons. A police officer must perform multiple breath tests to ensure the device is working properly. Otherwise, the results cannot be used in court. Breath tests must be performed until two consecutive results are within 0.020 percent of each other. If the range is more than that, then a court may consider the test results to be inconclusive.
I Wanted A Blood Test in My DUI Case. Why Was It Not Offered?
In Tennessee, you are required to perform a BAC test once you are under arrest for a DUI. Tennessee’s implied consent law states that you consent to take one of the BAC tests – blood, breath or urine. Tennessee law permits an officer to choose which test or tests to administer when charging a person with DUI. He or she can also order you to take more than one.
A person does have the right to obtain their own chemical testing when arrested for DUI in Tennessee. The law provides that a person who is given a chemical test is entitled to an additional sample of blood or urine. The sample must be obtained at your own expense. The arresting officer is under no obligation to inform you of this right
What Is A Forced Blood Draw? Would The Police Allege A Refusal Against Me If They Took The Blood Anyway?
If you have a previous DUI, a blood draw is mandatory in Tennessee.
A forced blood draw is where a law enforcement officer takes you to the hospital and they will secure a warrant for your blood. After they get that warrant they can forcibly take your blood. If a person refused to voluntarily submit to blood testing after being arrested for DUI the refusal could be used against you.
For more information on DUI Cases In The State Of Tennessee, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 864-6527 today.
Call For A Free Consultation