Clarksville, Murfreesboro DWI/DUI Defense Attorney
Refusing the Breathalyzer or blood-alcohol content (BAC) test in Tennessee typically results in driver's license suspension. When it comes to the criminal DWI case, however, without the evidence obtained through these tests, the prosecutor will have to use other evidence to prove the driver was drunk.
Based in Nashville, Brent Horst, Attorney at Law & Associates defends people charged with drunk driving in and around Nashville, Clarksville, and Murfreesboro. Call 615-970-6572 or contact a lawyer online to schedule a free confidential case evaluation.
Breath Test Refusal
When you are pulled over for suspicion of drunk driving, you do have the right to refuse the Breathalyzer and blood-alcohol tests, although it will result in suspension of your driver's license. By refusing these tests, you are depriving the state of evidence that could be helpful in their drunk driving case against you. Without this evidence, the state must use other evidence to prove that you were impaired.
Typically, a case without a breath or blood test will be based on the police officer's testimony and other statements. Therefore, if you have refused a Breathalyzer test or other test to determine your blood-alcohol level, you still need an experienced attorney to protect your rights.
Should I Refuse a Breathalyzer or Blood-Alcohol Test?
Many DWI attorneys answer this question with a definitive "yes" or "no" answer. Attorney Brent Horst believes it depends on whether you know your own limits.
If you have been drinking but strongly believe that you have not had enough to warrant a DWI charge (.08 or above in Tennessee), we recommend taking the test. However, if there is any doubt that you are over the legal limit, do not take the test.
Field sobriety tests are hardly ever helpful to a DWI case. Unless you are very sure you have not had too much to drink, we recommend refusing these highly subjective tests, which include walking in a straight line, finger-to-nose touching, or the horizontal gaze test.
Occupational License
If you lose your license by refusing to take the Breathalyzer or blood-alcohol test, you may be able to get an occupational license.
- 1st DWI — If you have received your first DWI, you can apply for an occupational license that would allow you to drive to work, or school if you are a full-time student.
- 2nd DWI — If you have received a second DWI, your license will be revoked for two years. You can apply for an occupational license after the first year of the two-year suspension.
- 3rd DWI — If you have received a third DWI, you are not eligible for an occupational license.
Contact a Drunk Driving Defense Lawyer Now
To schedule a case evaluation, call us at 615-970-6572 or contact us online. We will explain your options after a breath test refusal.
