Knoxville, Tennessee Attorney DUI Blood/Breath Tests

DUI Defense Lawyer in Knoxville, TN

While field sobriety testing is often considered unreliable and unfair, blood and breath tests are widely regarded as strong evidence of a person's level of intoxication. This does not mean these tests are perfect - many things can go wrong during the testing process and render the results invalid. There is also a lot of confusion among the public and police officers alike about when a person can be forced to submit to a blood test over their objections. Many DUI defendants may also be unaware that refusing blood or breath tests is an option at all. Police officers can be skilled in making a person feel that they have no choice but to comply when they in fact have the right to refuse.

At The Baker Law Firm, our team will take the time to carefully review what happened before, during, and after your DUI arrest to determine how we can best defend you. Attorney Lance K. Baker has been widely recognized for his skill in DUI defense. We will aggressively defend your rights and do all we can to exclude any faulty evidence from court.

Can I Be Forced to Submit to Blood Testing?

You can only be forced to submit to a blood draw if the police obtain a warrant that specifically grants them permission to take your blood over your objections, or in "exigent circumstances." Exigent circumstances are emergency situations where acting without a warrant is justified, and they usually only apply to serious DUI with injury and vehicular homicide cases that happen outside of normal business hours where a judge cannot be reached in a timely manner. Repeat DUI offenders are sometimes also subjected to involuntary blood draws.

DUI Blood Tests and Drug DUI Cases

A breath test will not detect intoxicating substances other than alcohol. When a person is suspected of driving while under the influence of drugs, a blood test will need to be used. Although blood-based drug tests are slowly becoming more sophisticated and better at detecting the presence and concentration of drugs in a person's body, you can be charged with DUI or BUI simply because your blood test was positive. You might have a positive blood test even if the last time you used a drug was a week ago or more.

The Problems With Breath Tests

Breath tests are widely used post-arrest to determine a person's level of alcohol intoxication. However, there are a lot of problems with these tests. While blood tests are more commonly administered by healthcare professionals, police officers usually conduct breath tests themselves. A test will only be accurate if the officer follows the correct procedure exactly and uses equipment that has been carefully and properly maintained. Simple things like having a radio in the room during the test or not waiting long enough after you last ate or drank can interfere with the results.

The Problems With Blood Tests

Blood tests are easily contaminated, especially when they are drawn outside a hospital setting. Opening a test kit too soon before drawing blood can mean that the results will not be accurate. Or, drawing blood and then waiting too long to test the sample can also interfere with the results. There have also been numerous cases where alcohol wipes are used as an antiseptic to clean the defendant's skin before drawing blood, which naturally can cause more alcohol to appear in the sample.

Attorney Baker will review your case to determine if your blood draw was legal and whether any problems might have falsely elevated the results.

Contact a Knoxville, TN DUI Blood and Breath Test Lawyer

The Baker Law Firm will do all we can to have inaccurate chemical test results or illegal blood draws dismissed. To address concerns related to DUI tests, contact us at 865-200-4117 for a complimentary consultation.