BAC Testing: Science and LAw
Throughout the US, it is unlawful to operate any kind of vehicle while affected by alcohol or medications, or if the BAC is at or above .08%, as a BAC of .08% implies that eight tenths of one percent of an individual’s blood volume is, in fact, alcohol. An individual who has a BAC of .08% or higher is legally considered inebriated, and is therefore assumed incapable of safely operating a vehicle.
Effects of BAC
Scientific researchers from around the world has indicated that the effects of alcohol progressively affects individuals, with the accompanying observations dependent upon BAC:
- 0.01% – 0.02%: Generally ordinary in appearance; negligible indications of inebriation.
- 0.03% – 0.05%: Mild elation, relaxation, diminished inhibition, some inability to focus.
- 0.06% – 0.09%: Lack of restraint, altered sense of cognition and loss of depth perception.
- 0.10% – 0.19%: Emotional episodes, decreased reflexes and response time, and diminished motor control.
- 0.20% – 0.29%: Unconsciousness or an absence of understanding, serious absence of engine control.
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Bases for DUI in Tennessee
In Tennessee, it is unlawful to drive a motor vehicle if you have a BAC of .08% or greater (.02% for individuals younger than 21 and .04% for individuals with a CDL). Notwithstanding driving with a BAC above .08%, anybody may be placed under arrest with DUI charges for driving a vehicle while under the influence of drugs or alcohol. Occasionally, an officer will arrest an individual and charge them with Driving Under the Influence even after they have decided the person in question’s BAC was below the legal limit. Additionally, the choice to place someone under arrest and charge them with a DUI if their BAC is under .08% depends exclusively on the arresting officer’s assessment that the suspect isn’t presently capable of adequately operating a motor vehicle.
Testing BAC in Tennessee
According to Tennessee law, a law enforcement official has the decision to administer a BAC test using any of the accompanying methods: 1) breath, 2) blood or 3) urine. The most well-known test for BAC in Tennessee is the breathalyzer test; be that as it may, due to the Tennessee case law and difficulties to the breath testing device, a few jurisdictions will specifically administer only the blood test. Occasionally, following the suspect’s successful completion of the breath assessment, the officer will administer a blood test, searching for drugs in the individual’s system that may not have been recognized by the breathalyzer. In the event that an officer has reason to believe that the driver is driving under the influence of alcohol as well as drugs, Tennessee’s implied consent law permits the officer to ask for a sample to identify the suspect’s BAC. On the off chance that the suspect declines the officer’s solicitation, the individual will be charged for infringing on the Tennessee Implied Consent Law, which, upon conviction, the individual will lose the legal ability to drive for a time of one year.
Hire an Experienced Nashville DUI Lawyer
At Nashville Law Offices, PLLC, our team of DUI lawyers know about all techniques used for testing one’s blood alcohol concentration (BAC). The blood test isn’t perfectly accurate, and there are various reasons that the BAC results may be completely wrong. Our accomplished DUI lawyers at Nashville Law Offices, PLLC will discuss with you the common methods for testing blood alcohol levels, and will also talk about any legal defenses which might be available to you and applicable to your case. Contact our office today and schedule your Free Initial Consultation Online with one of our accomplished DUI lawyers.