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Blood alcohol tests are not indefensible

Many Tennessee motorists are pressured into complying with law enforcement officials when they are stopped and accused of driving under the influence. They are subjected to breath tests, field sobriety tests and even blood alcohol tests. In reality, you are not required to submit to any testing, and the only agency you should ever voluntarily give blood to is the Red Cross.

However, if you provided a blood sample, that does not mean that the results of any testing are 100 percent accurate. Tennessee residents are given the impression by law enforcement agencies that blood alcohol tests are indisputable proof that they were impaired while driving. That might not necessarily be the truth.

First, someone who has the proper license to draw blood must obtain the sample. The sample then needs to be properly preserved since it can ferment if not properly stored, which could result in a higher, and therefore, inaccurate reading for blood alcohol content. The equipment used to test the sample needs to be regularly maintained; if not properly calibrated, the test results could be inaccurate. In some cases, the appropriate chain of custody is broken, which could render the results of the test inadmissible in court.

Any of these circumstances could cause blood alcohol tests to be declared invalid by a criminal court. If this is the case, any DUI or DWI charges you are facing might be dismissed. Therefore, it is critical that you enlist the aid of an attorney as soon as possible after you are taken into custody on suspicion of driving under the influence -- especially if you provided a blood sample voluntarily.

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