Breath Test
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I have the question asked of me on a regular basis, should I take the breath test, and if I take it and pass will they automatically let me go?
The breath test in Tennessee and you taking it is derived from the courts determining that driving is a privilege and not a right, as such because it is a privilege the state may attach certain requirements to it. One such attachment is the right to have you take a breath test or blood test to determine whether you are under the influence. Should a person driving in Tennessee refuse the breath test they are subject to revocation of their license, more legally referred to as implied consent violation. By driving in Tennessee you give implied consent that you will take the breath test or blood test should the officer believe you to be under the influence. The results of the breath test and blood test can be used against you under a dui charge of Per Se, meaning per se you are under the influence by simply looking at the alcohol content numbers on the read out from either test. If you do not take the either test you can be charged with implied consent violation and lose your license for a year, but there will not be any tests to show you are per se under the influence.
Will they let me go if I pass the breath test or blood test automatically? The simple answer is no. Just because you pass both of these tests or one of these tests does not mean you will be let go automatically. In Tennessee there is another DUI charge, it is simply DUI, the officer believes with probable cause that you are under the influence, based on his observations of you, so maybe you are under the .08% and you will not be charged with a Per Se DUI, but you can still be charged with a regular DUI, and face minimum 48 hours in jail, 24 hour litter pickup, fines, court costs, loss of licence and a permanent record.
Should you have any further questions about your DUI, please feel free to phone me at the office (615) 308-2633, I would be pleased to speak with you.
Daniel L. McMurtry, Esq.
