DUI Blood Test
DUI charges are a serious matter but in order for prosecutors to convict of the crime, they have to prove every element of the offense beyond a reasonable doubt – a very high standard in our legal system. One way that prosecutors attempt to meet their hefty burden is to introduce evidence of a blood test showing the presence of too much alcohol or illegal drugs in your system at the time that you were operating a motor vehicle.
If you face such DUI charges, you need to contact Nashville-based criminal defense attorney Philip Clark who handles such cases in Nashville and surrounding areas in Middle Tennessee.
DUI Blood Testing in Tennessee
Tennessee law provides that a person commits the act of driving under the influence (DUI) when they drive or are in “physical control” of vehicle while under the influence of alcohol, illegal drugs, or some combination of the two.1 If a law enforcement officer has probable cause to believe that a person is operating a vehicle under the influence, the officer may ask the individual to submit to a breath or blood test.2 Tennessee law further provides that blood tests may be performed only under the following circumstances:
(A) The operator’s implied consent to submit to blood tests …;
(B) The operator’s consent to submit to blood tests;
(C) A search warrant;
(D) Without the consent of the operator if exigent circumstances to the search warrant requirement exist; or
(E) When blood tests are required to be administered pursuant to subdivision (c)(2) and with a search warrant or without a warrant, if exigent circumstances to the search warrant requirement exist.3
This law means that police officers may only order a blood test under certain circumstances. They must obtain either valid consent to a blood test, obtain a valid search warrant, or have exigent, or emergency-like circumstances in order to obtain a blood test.
Defending Against Blood Evidence in a DUI Case
An excellent criminal defense attorney such as Philip Clark can challenge these circumstances – whether there was probable cause in the first place, whether there truly was consent given, whether the search warrant to test for blood was valid, and whether exigent circumstances truly exist.
He might also be able to challenge whether the blood was drawn by an authorized person, whether the blood draw occurred too long after the person was driving, or whether there is some other problem in the chain of custody regarding the blood sample in question. Furthermore, he may consult with you about whether it is prudent to hire an expert witness to contest the blood evidence offered by the state.
This is a complicated area of the law and you need the very best criminal DUI lawyer to be able to battle the DUI blood test results.
Contact Criminal Defense Attorney Philip Clark to Fight DUI Charges
Nashville-based criminal defense Philip Clark is an attorney who understands the nuances of defending against DUI charges. He not only has handled many DUI cases, but he also formerly served as a police officer for nearly twenty (20) years. He knows the ins and outs of the law enforcement community. He also is a gifted negotiator and communicator who can speak to prosecutors effectively on your behalf. If need be, he zealously can defend you in court before a judge and jurors. If you face DUI charges and there has been a blood test, contact Philip Clark at (615) 678-1033 or e-mail him at philip@tncriminaldefenseattorney.com.
