Generally, after having been administered the Standardized Field Sobriety Tests, clients find themselves handcuffed and transported to a law enforcement center for the purpose of breathalyzer testing. These machines purport to determine the proportion of alcohol in a driver’s blood. However, there are two common misconceptions among clients regarding how Chattanooga, TN handles blood alcohol testing:
FALSE. Under the Tennessee statute, if you blow above a .08, it may be inferred that you were driving impaired. Instead, the State will bring all other available evidence in order to attempt to prove that you were impaired (i.e. the SFST “results”).
FALSE. The Breathalyzer is a machine. As with all things made with human hands, it is imperfect. Breathalyzer machines need to be properly maintained and calibrated. As parts wear, they must be replaced. Moreover, a breahtalyzer operator must follow the correct DUI protocol in order for the test to be even arguably accurate. The only way to determine if the result is arguably accurate is to examine the records and evidence for each and every case.
The truth of the matter is that each and every case involving a Breathalyzer reading is different, and each case requires a thorough investigation of the machine’s maintenance and calibration records to achieve the best result.
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