Chapter 9: I Gave A Blood Or Breath Test And It Came Back Positive. Am I Automatically Guilty?
No. A blood or breath test with a result over .08% does not automatically make you guilty. In fact, most blood tests are returned with a BAC above .08% when there is an alcohol related DUI arrest. Even so, many of those cases do not result in a DUI conviction.
The law prohibits driving or being in physical control of a vehicle with a blood alcohol concentration of .08% or more. That means that the State has to prove beyond a reasonable doubt that the results of their BAC test are accurate and that the BAC was above .08% at a time when the defendant was driving or controlling a vehicle. This is often more difficult than it seems.
First, no machine ever invented operates perfectly all the time. For example, if you have ever spent a lot of money on a nice computer and used it for any length of time, you know that even good machines do not always function the way that they should. Second, even if the chromatographs the State uses to test blood are working perfectly, there are many sources of human error that can cause a test to be wrong, including at the time of the blood draw, in its storage and transportation, and at the time a sample is prepared for testing.
Additionally, there are cases where proving a BAC at the time of driving is difficult because of a delay of several hours between driving and the blood draw or because alcohol was consumed after driving. For example, a driver’s vehicle may be totaled in a car accident then the driver may drink after the accident when his or her vehicle is incapable of being driven.
A good DUI lawyer will know what issues to look for and what questions to ask of you to determine if any of these issues are present in your case. Your attorney should also know how to present these issues in a persuasive way to a prosecutor, judge, and ultimately a jury. At Barnes & Fersten, our attorneys understand the law in such a manner that they can explain the facts of your case in a persuasive manner to whichever audience your case requires.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
