Tuesday, November 11, 2008

Should I Take the Breath Test

Most of my friends know I am a DUI attorney. When I go to a party, I am always asked whether they should take the breath test. Tennessee has an implied consent law that provides that if an police officer has reasonable grounds to believe you are under the influence of alcohol or and intoxicant they can request you submit to a chemical test to determine your blood alcohol level. The law is found at T.C.A. 55-10-406. So, what should I do ? If you have a just a few drinks, take the test. If you have no idea how many drinks you have had, you have a right to refuse the test. However ,there will be repercussions of that refusal. If you do submit to a test, always ask for an independent sample.

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