Murfreesboro DUI Lawyer explains DUI Blood Testing
Following a DUI Charge in Tennessee, law enforcement agencies in Murfreesboro, Smyrna, LaVergne and Rutherford County will ask you to submit to a blood test. You are not required to give blood unless the officer obtains a warrant. However, if you do not submit to this test, you will be facing a charge for violation of implied consent. If you do submit yourself to this test, remember to ask for an independent blood sample. The local law enforcement agency will send your blood sample to the Tennessee Bureau of Investigation in Nashville for testing. You could be waiting for months for these results. If your Blood Alcohol Content ("BAC") comes back at under the legal limit of 0.08, then the Rutherford County District Attorney's office will resubmit your blood sample to the TBI for another toxicology test to see if there were narcotics or other drugs in your system that could have impaired your ability to drive. This process could take 6-9 months.
Instead of waiting, you have the right to have your blood sample independently tested by a third party facility. Hire one of our Murfreesboro DUI Attorneys and we can arrange for this independent blood test. In past cases, we have seen that the TBI is not always right. In many instances, your BAC test results can make or break your case.
If your BAC level is questionable, part of our investigation will include not only having your blood re-tested, but also obtaining all of the TBI documents related to your blood test. These documents include the following:
- the chromatogram graphs for your test;
- the protocol for blood testing in use during your blood test;
- the records of the calibration, controls, blanks, verifiers and calibrators utilized during your blood test;
- the maintenance, calibration and repair records for the headspace instrument and pipette utilized to test your blood; and
- the efficiency test scores for the operator of the testing devices who ran your blood test.
This terminology may not mean a lot to you, but this information includes the science and accuracy of your blood test results. Many attorneys do not take the time to properly investigation the BAC results for a client that needs it. If your DUI charge hinges on the BAC and/or toxicology results, then you need an aggressive Criminal Defense Attorney in Murfreesboro to handle your case.