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Breath test result doesn't necessarily make or break your case

How does one end up facing a DUI charge? Being arrested for suspicion of DUI probably brings to mind a night-time traffic stop and an image of someone taking a breath test. These are common lead-ups to a drunk driving arrest and charge, but the commonness of a breath test doesn't mean the test is reliable or the most important aspect of a Tennessee case.

There are at least two truths you should understand about DUI cases. First, if police investigate you for suspicion of drunk driving, an incriminating BAC doesn't mean your case is hopeless. There are effective defense strategies to combat results of a Breathalyzer device. An astute defense attorney will challenge the test results and the people who administered the tests. There is hope beyond the test results.

Another point about breath tests to try to understand is that the legal limit in your state might not be what it seems. Or that legal number might not be as black and white as it seems. You might be able to readily answer that the legal limit in Tennessee is 0.08%. That number is really just a technicality. 

If law enforcement has other alleged reasons to believe you or another driver is operating a vehicle while impaired, other evidence besides or in addition to a BAC test can lead to a DUI arrest, charge and possible conviction. Other evidence of impairment might be erratic driving, the odor of alcohol, slurred speech, poor coordination and balance, etc. You defense lawyer will need to know all of the supposed reasons why you are being prosecuted for DUI, not just the results of a breath test. 

Don't feel hopeless because of a breath test result, but also don't feel overly confident. The sooner you talk about your case with a trusted criminal defense attorney, the more information your lawyer can gather in order to strategize and help protect your best interests.

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Jack P. Sherman, Attorney at Law
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Memphis, TN 38103

Phone: 901-646-4270
Phone: 901-233-3474
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