Tennessee DUI Defense Lawyer
Law Offices Of
James A.H. Bell, P.C.
865.637.2900
The Law Offices Of James A.H. Bell , P.C. represents clients in the cities and counties of Athens | Chattanooga | Cleveland | Cookeville | Crossville | Gatlinburg | Greeneville | Jefferson City | Kingston | Knoxville | Maynardville | Memphis | Nashville | Newport | Pigeon Forge Sevierville and the tri-cities of Kingsport | Johnson City and Bristol | Knox County | Anderson County | Bledsoe County | Blount County | Bradley County | Campbell County | Carter County | Claiborne County | Cocke County | Cumberland County | Davidson County | Franklin County | Fentress County | Grainger County | Greene County | Hamblen County | Hamilton County | Jefferson County | Johnson County | Loudon County | McMinn County | Marion County | Meigs County | Morgan County | Polk County | Putnam County | Rhea County | Roane County | Scott County | Sequatchie County | Sevier County | Union County | Warren County | Washington County.
Disclaimer: The materials in our web page are for the general education and knowledge and do not constitute legal advice or create an attorney-client relationship. Litigation can be complex and the law ever-changing, and it varies from jurisdiction to jurisdiction. If you have an individual legal problem or question, you should seek a legal opinion that takes into account the applicable law and your particular circumstances.
Knoxville, TN Criminal Defense Attorney
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DUI Criminal Defense Lawyer in Knoxville, TN
DUI Blood Test
The determination of blood alcohol concentration, or BAC, is an important aspect of any charge of DUI, and the results of this test will almost always be influential upon prosecutors in order for them to want to prove their case. BAC refers to the measurement of milligrams of alcohol contained in 100 milliters of blood, and is usually expressed as a percentage For example, a BAC of .10 would equate to 1 drop of alcohol for every 1,000 drops of blood, and so on. The higher the BAC number, the more impaired a person is by law. When a person is arrested for DUI in Tennessee, the arresting officer has the option of asking that person to take either a blood or a breath test in order to determine the BAC. Although breath tests are often used by law enforcement, an absolute BAC can only be obtained by drawing and testing a sample of blood. In addition, breath tests are specific only to alcohol, while the analysis of blood can reveal the presence of other drugs.
There are a number of legal issues that must be investigated in order to determine whether a blood test can be properly used as evidence. For example, only trained medical personnel are allowed to perform a blood draw. Hospital staff does not have specific guidelines to follow to preserve the blood sample. This may result in procedural problems such as labeling and handling of the sample, which may in turn affect the value of the sample as evidence. In addition, because certain sterilization agents can effect the accurate determination of BAC, the area of the blood draw must be treated with a disinfectant that is free of both ethanol and iodine. If you have been arrested for DUI, and submitted to a blood draw, it is important for your attorney to determine that the proper procedures and sterilization agents were used.
It is also important to determine specific information about the test kit used for the particular sample. Generally, the police officers carry the test kit in their vehicles, and provide that kit to medical personnel whenever a blood draw must be made. Tubes in the test kit used to collect the sample are treated with chemicals that preserve the blood sample. The test kits are given an expiration date by the manufacture and must be used before that expiration date. Sometimes, however, the kits sit around in the trunks of the police cars and do not get used before the expiration date passes. When this is the case, the BAC evidence may be inaccurate, and should not be used.
Another issue that must be investigated is whether the blood sample was properly stored and submitted for testing. In Tennessee, all determinations of BAC for DUI prosecutions are made by the Tennessee Bureau of Investigation (TBI). Generally, it takes from between four to six weeks after a blood sample is drawn for the results of analysis to be obtained from the TBI. It is critical for the defense attorney to determine whether the proper procedures were followed during this time regarding the storing, handling, and testing of the sample. If such procedures were not followed, the BAC evidence must be challenged and kept out of evidence.
In Tennessee, an individual has the right to request that law enforcement preserve a portion of their blood sample for the purpose of independent testing. In addition, at the Law Offices of James A. H. Bell, P.C., we have a registered nurse on call to meet our clients to obtain a separate blood sample for independent testing.
Tennessee Criminal Defense Attorney
Remember, the burden is always on the State to prove that a person is guilty of a crime. In order to meet that burden, only validly obtained and reliable evidence can be used. Make certain that your lawyer is familiar with the important issues involved in blood testing to determine BAC, and knows both how to find and challenge unreliable and misleading evidence. At the Law Offices of James A. H. Bell, P.C. we have lectured to national bar groups on the subject of BAC, by both blood and breath. Moreover, we have aggressively litigated these and other legal issues relating to the collection, preservation, and testing of blood and breath.