Detroit Lions team president Tom Lewand failed field sobriety tests and his blood alcohol content was more than twice the legal limit in two breath tests administered by Roscommon County Sheriff’s deputies who observed him driving erratically late Friday, reports USA Today.  I normally don’t blog about celebrity DUI arrests however there are two points worth discussing.

  1. Mr. Lewand’s breath alcohol was over .20 % blood alcohol level.  If he was convicted under Tennessee’s DUI laws, he would have to serve 7 days in jail. This is another reason why you might consider whether you should consent to a blood or breath alcohol test in Tennessee DUI cases.
  2. Michigan conducts duplicate breath alcohol testing to confirm the first breath test reading. Michigan uses good scientific methods in their breath testing program.  However, all breath tests in Tennessee which follow the scientific protocol established by the Tennessee Bureau of Investigation only use one test.  I understand the T.B.I. will soon go to 2 tests in future blood alcohol tests.

I wonder why Tennessee uses only one breath or blood alcohol test.  Interestingly, the National Safety Council recommends 2 tests.