The Admissibility Of A Breath Alcohol Test In Tennessee

Under current Tennessee Law, there are six requirements that the Tennessee Supreme Court set forth that must occur before a result from a breath alcohol machine will be allowed in evidence.

  1. The test was performed in accordance with the standards and operating procedures promulgated by the forensic services division of the Tennessee Bureau of Investigation.
  2. The operator was properly certified in accordance to those standards.
  3. The evidentiary breath-testing instrument used was regularly certified by the TBI's forensic services division, was tested regularly for accuracy, and was working properly when the test was performed.
  4. That the motorist was observed for the requisite twenty (20) minutes prior to the test, and during this period, he or she did not have any foreign matter in his mouth, did not consume any alcoholic beverage, smoke, or regurgitate.
  5. Evidence that the operator followed the prescribed operational procedure.
  6. Identify the print out records offered in evidence as a result of the test given to the person tested.

For more information contact attorney Rob McKinney by calling 615-686-2115 or fill out the contact form on the website