Nashville’s DUI officers rely heavily on the breath alcohol test . If you submit to a breath alcohol test , do you have a right to an independent test blood test for alcohol or drug content. ?
Yes. Tennessee Code Annotated 55-10-410 mandates that a person charged with driving under the influence " shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory of that person’s own expense."
Now what happens if you request a blood sample and they refused to give you an independent sample or they lost the sample ?
Two Tennessee Court of Appeal cases have held that failure to provide an independent blood alcohol test is a violation of the defendant’s right to due process of law . In State of Tennessee v.Geselbracht , the court held that suppressing the blood alcohol test was not a sufficient remedy and that the appropriate remedy is a dismissal of the charges .
If you decide to take a breath alcohol test , always demand an independent test.