Should You Take The Breath or Blood Test ?

Probably not. One of the questions I am asked all the time is whether one should take the breath or blood test. You have a right not to give evidence against yourself. Why give up that right. Tennessee has a "Per Se" DUI law. If your blood alcohol level exceeds .08% BAC, you are guilty of DUI. However, once you refuse the breath or blood test you can be charged with the implied consent law of refusing the breath test. The bottom line is if you consent to a test ask for a independent test. More on the implied consent this week.