Nashville DUI Breath Test Lawyer

Seasoned Nashville DUI Breathalyzer Attorney

A breath test or breathalyzer result can become an important piece of evidence in a Tennessee DUI case. But a reported breath alcohol concentration does not tell the entire story. The circumstances surrounding the stop, arrest, testing procedure, equipment, and administration of the test can all matter when evaluating the evidence.

Killen Law examines the breath test evidence in DUI cases throughout Nashville and Middle Tennessee. Michael Killen takes the time to understand what happened before, during, and after the breath test and determines how the testing evidence fits into the case as a whole.

To learn more about your rights and how Killen Law can help, call or text (615) 549-8117.

DUI Breath Testing in Tennessee

A DUI breath test is a form of testing used to estimate the amount of alcohol in a person’s system by analyzing a breath sample. Law enforcement may use an evidentiary breath-testing instrument after a driver is suspected of DUI.

A breathalyzer result may be used by the prosecution as evidence in a DUI case, but the result is not the only evidence that may be relevant. The circumstances surrounding the test and the procedures followed by law enforcement can also be important.

Tennessee law establishes requirements governing breath and other chemical tests used to determine alcohol or drug content. The particular facts of the arrest and the way the test was conducted can therefore be important when evaluating breath test evidence.

Portable Breathalyzers and DUI Breath Testing

Breath-testing devices can be used at different stages of a Tennessee DUI investigation. A portable breathalyzer used during a roadside investigation is not necessarily the same type of evidentiary breath-testing instrument used to obtain a breath alcohol result for use in a DUI prosecution.

Portable breath-testing devices may provide law enforcement with information during an investigation, while an evidentiary breath test is conducted using an instrument and procedures intended to produce a result that may be used as evidence. The type of device used, how it was administered, and the circumstances surrounding the test can therefore matter.

As law-enforcement agencies continue to train officers in DUI investigations and the use of breath-testing technology, a driver may encounter breath-testing equipment earlier in the investigation. A DUI defense attorney can examine the role each test played in the case and determine what significance the results may have.

The review may include:

What type of breath-testing device was used
Whether the device was portable or an evidentiary instrument
Why and when the test was administered
How the officer was trained to operate the device
Whether the applicable testing procedures were followed
Whether the device was properly maintained, certified, or subject to required procedures
Whether an additional evidentiary breath test was performed
How the breath-test result compares with the officer’s observations and other evidence

Understanding the difference between a roadside breath test and an evidentiary breath test can be important when evaluating breath-testing evidence in a Tennessee DUI case.

Can a Breathalyzer Result Be Challenged?

A breathalyzer result can be important evidence in a Tennessee DUI prosecution, but the reported number is not the only issue that may need to be examined. The circumstances surrounding the traffic stop, testing process, equipment, administration of the test, and resulting evidence can all matter when evaluating a breath test.

Potential issues may involve the equipment, testing procedure, administration of the test, or circumstances surrounding the breath sample. Depending on the facts, a DUI lawyer may investigate whether the testing instrument was properly maintained and certified, whether required procedures were followed, and whether the test was administered correctly.

The defense may also examine the breath test alongside the other evidence collected during the investigation. This can include dash-camera or body-camera footage, the officer’s observations, field sobriety testing, witness statements, and other records from the traffic stop and arrest.

Breath Test Accuracy and Potential Problems

Breath-testing instruments are designed to provide evidence concerning alcohol concentration, but the reliability and significance of a particular result can depend on the equipment, testing procedures, timing, administration of the test, and circumstances surrounding the breath sample.

A defense review may consider whether anything occurred before or during the test that could affect the reliability or interpretation of the result. The timing of the test, compliance with observation procedures, the condition and certification of the instrument, and the manner in which the test was administered can all warrant examination.

This does not mean that every breath test is inaccurate or that every technical issue will affect the admissibility or weight of a result. The significance of a particular issue depends on the facts of the individual case.

The 20-Minute Observation Period Before a DUI Breath Test

The procedures used before an evidentiary breath test can matter. Tennessee breath testing procedures include an observation period intended to help ensure that the breath sample is suitable for testing.

For example, matters involving burping, vomiting, regurgitation, or other events that may affect the mouth or breath before testing can become relevant to the defense. The officer’s conduct during the required observation period may also be examined.

A DUI attorney can review available video, police reports, testing records, and other evidence to determine whether the required procedures were followed in the particular case.

Breath Tests and Other Chemical Tests

A breath test is only one type of chemical testing that may be used in a Tennessee DUI investigation.

Depending on the circumstances, a DUI case may also involve blood tests or other chemical tests used to determine the presence or concentration of alcohol or drugs. The rules and procedures governing these forms of testing can differ from those associated with an evidentiary breath test.

Killen Law can examine the testing evidence involved in a DUI case and determine whether issues concerning a breath test, blood test, or other chemical testing should be addressed as part of the defense.

What Happens If You Refused a DUI Breath Test?

Refusing a breath test can create issues separate from the underlying DUI charge. Tennessee’s implied consent laws address circumstances in which a driver is asked to submit to testing after an officer has probable cause to believe certain alcohol or drug related offenses have occurred.

The consequences of refusing a requested test can depend on the circumstances and the applicable Tennessee law. A refusal does not necessarily answer the question of whether the underlying DUI charge can be successfully defended.

If you refused a breath test, it is important to have an attorney examine both the DUI allegations and any separate implied consent issue.

Put DUI Breath Test Evidence to the Test

A breathalyzer number is only one part of a DUI case. What happened before the test, how the test was administered, and whether the applicable procedures were followed can all be relevant to the defense.

Killen Law represents clients facing DUI charges in Nashville and throughout Middle Tennessee. Michael Killen personally evaluates the circumstances of each case and considers whether negotiating a resolution or taking the case to trial is in the client’s best interests.

The goal is to make informed decisions based on the evidence and the circumstances of the individual case—not to assume that every DUI should be handled the same way.

Improper procedures can impact your DUI case. Call (615) 549-8117 to discuss your legal options with us.