BARTLETT INJURY & TRIAL LAW
Nashville, Tennessee
- Nashville DUI Defense -
Bottom Line - Don't Drink and Drive - It's just NOT worth the risk.
DUI laws have become very aggressive in Tennessee, and all over the Country.
Currently there is a push to lower the Presumption of Intoxication (legal limit) from 0.08% BAC to 0.05%. That would be just about 2 beers, and that is it...
If you find yourself in the position where you need clear answers to your questions about DUI, give us a call and let's talk about it.
- Kurt
Restricted Driver License Applications - Nashville, Davidson County:
Nashville DUI Courts:
~ All DUI cases originating in Davidson County are heard at the Justice A. A. Birch Building located at 408 2nd Avenue North.
Please note, however, effective Fall 2013 all non-felony DUI - CRIMINAL COURT cases will be heard in the 2nd Circuit Court, Room 506, at the Old Historic Courthouse across the street. UPDATE: As of Summer 2022, all DUI cases have been sent back to the Criminal Court Divisions.
-DUI Blood Testing in Tennessee -
Challenging the Blood Test in a DUI Case:
Most DUI investigations involve either blood being drawn or a breath test being taken. These points address some of the issues that arise during DUI blood testing. Most people (and unfortunately many “DUI” Lawyers) generally believe that if you take a blood test in a DUI investigation the results of an analysis of the blood are highly accurate and not subject to contest. Nothing could be further from the truth. This perception is not reality and simply stems from a lack of knowledge.
Condition of the Blood Sample Being Analyzed -
The theory of blood testing is that the blood that is being analyzed is in the same condition as the blood that is in the person’s vein at the time it is drawn, however, this is rarely the case. The law requires that the integrity of the blood sample be maintained from collection to analysis to reporting. Science recognizes that the integrity of the blood specimen can be adversely affected from the point of collection through reporting of the result.
Collection of Blood -
The manner in which the blood is collected, or drawn, can affect the integrity of the blood specimen.
Studies have shown errors associated with the blood draw can lead to false positive analysis as high as 50%. The drawing of blood is a sensitive medical procedure. While there are exceptions, most persons typically performing the blood draw has limited background or training in the medical field. Despite a lab coat or laminated ID card, most of these individuals have completed a program consisting of no more than a 40-hour training course and 40 hours on the job training without any real understanding of the significant medical aspects of drawing blood. As a result of this minimal training the integrity of the specimen is often compromised.
Storage of the Sample -
The manner in which the blood is stored and maintained prior to being analyzed is a further source of error leading to false positive results. Studies have shown error rates well over 100% can result from delays and improper storage of blood specimens. All the conditions necessary for fermentation are present within the blood vial. This includes amongst others the presence of yeast, bacteria and sugar that are normal substances in your body. Even short delays or changes in temperature can exacerbate the conditions leading to fermentation. Fermentation is the process by which alcohol is formed. As a result of fermentation the amount of alcohol in the blood vial where the specimen is held will increase so that the total amount of alcohol in the blood specimen is a false high representation of what was contained in the person’s veins.
Testing of the Blood -
Most forensic labs involved in analyzing blood specimens for alcohol on behalf of law enforcement use a procedure involving a machine known as a Gas Chromatograph. Often times the manner in which this equipment is employed results in a presumptive determination of alcohol as opposed to a confirmatory method specific to alcohol. This method can cause compounds which may respond to the method of detection in a manner similar to alcohol to be falsely measured as alcohol. Additionally, this method cannot determine whether the alcohol being measured was originally present in the person’s vein or whether the alcohol being measured is that formed during the delay before analysis has occurred.
Lack of Error Reporting by Forensic Labs -
Finally, most forensic labs are reporting the results of their analysis without having scientifically determined the actual rate of errors involved with their process. Failure to ascertain the total uncertainty or range of error associated with the lab’s method is not a scientifically sound or valid procedure. Most lab accreditation organizations are now requiring labs to ascertain and report the range of uncertainty associated with their method. This is a complex process that requires the lab to continually ascertain, update and maintain that determination. Law Enforcement Forensic Labs are often either not competent or not concerned with adhering to sound scientific procedures. As a result forensic labs often report an arbitrary and scientifically invalid blood alcohol concentration level.
It’s Best to Have Professional Representation After a DUI -
This information is not meant to be a technical discussion, but rather to help the reader understand that when a person gets pulled over and arrested for Driving Under the Influence - DUI - and takes a blood test; the results from the analysis are not always valid.
If you or someone you know has been arrested for a DUI you can fight the allegations being made against you that often times might be based on false evidence.
If you or someone you know needs representation fighting a DUI Charge you should contact an experienced and knowledgeable DUI attorney like Kurt Bartlett.
Not all DUI attorneys are experienced and knowledgeable in the science associated with DUI representation.
*Make sure that when you are interviewing a DUI lawyer that you ask him or her these important questions!
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TBI Blood Test Kit - Used for sending your blood sample to the TBI from local law enforcement for analysis.
Ignition Interlock Device or IID:
If your BAC is above 0.08 percent (among other reasons), and you lose your license as a result of the DUI arrest, you will be required to install an Ignition Interlock Device (IID) in your vehicle if you want a Restricted Driver's License.
The benefit of the IID is - No Time or Geographical Restrictions. In other words, you can drive 24 hours per day, 7 days per week so long as you are operating a vehicle equipped with a functioning IID.
Questions and Answers about the IID
Q: Is an ignition interlock device (IID) now required with every DUI conviction?
The new Tennessee Law provisions do not require an IID for every DUI offender who applies for a restricted driver’s license.
Q: What are the IID requirements with a DUI 1st offense conviction?
The use of an IID is not required with every Tennessee DUI conviction. Rather, one of the prerequisites listed below must be present to require the use of an IID. For instance, an IID is not required if a person refuses a chemical test (blood, breath, or urine test) and is convicted of DUI unless certain other factors are present.
Other factors may prevent the mandatory IID requirement. Accordingly, it is important to carefully review the details of your case with your Tennessee DUI attorney.
When obtaining a restricted driver’s license following a conviction for DUI 1st offense, motorists are required to operate only vehicles equipped with an ignition interlock device when:
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The person’s blood or breath alcohol concentration is .08% or higher;
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The person’s blood or breath alcohol concentration contains a combination of any amount of alcohol and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
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The person was accompanied by a person under the age of 18 at the time of the DUI offense;
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The person was involved in a traffic accident for which notice to a law enforcement officer was required, and the accident was the proximate cause of the person’s intoxication; or
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The person violated the implied consent law and has a prior conviction or juvenile delinquency for a violation that occurred within five years of the instant implied consent violation for:
- Implied consent under Tenn. Code Ann. § 55-10-406;
- Underage driving while impaired under Tenn. Code Ann. § 55-10-415;
- The open container law under Tenn. Code Ann. § 55-10-416; or
- Reckless driving under Tenn. Code Ann. § 55-10-205, if the charged offense was Tenn. Code Ann. § 55-10-401.
* It should be noted that even if not required by statute, Judges have discretion to Order the use of an ignition interlock device upon application for any restricted Tennessee driver’s license.
A motorist may also request the court to order an IID rather than have her permitted driving restricted to certain days, times and locations.
However, unless ordered of the court’s own accord, motorists are not eligible to apply for ignition interlock fund assistance and are responsible for all costs associated with the installation and maintenance of the device.
Q: What are the IID requirements with a DUI 2nd or greater offense conviction?
If a person has a prior conviction within the past 10 years for DUI or Adult DWI in Tennessee or a similar offense in another jurisdiction, the court may order a restricted driver’s license. However, the court must order that the person operate only a vehicle equipped with an ignition interlock device.
Q: Does a violation of the Implied Consent law require the use of an IID with a restricted driver’s license?
A refusal under the Implied Consent law does not automatically trigger the requirement for an IID. In fact, no ignition interlock device is required unless the person: (1) is found to have violated the Tennessee Implied Consent law; (2) is convicted of the related-DUI offense (assuming it is a first offense); and (3) has one of the qualifying prior convictions as noted above.
Anyone arrested for DUI, or another related charge, should immediately contact a Tennessee DUI Attorney familiar with Tennessee DUI laws.
For more information about the crime of DUI or about Tennessee ignition interlock device requirements, Kurt is available by texting or calling (615) 479-0550
Other DUI Related Material:
Officer's Training Manual Page on DUI Detection Phases:
"2 DUI's per shift" Minimum !!!
Recent DUI Cases and Outcomes:
DUI - 2nd Offense reduced to 1st Offense MINIMUMS after a Motion to Suppress Unlawful Seizure was filed!
After reveiwing the officer's video and realizing he was mistaken in both the law, and certain facts about the stop, Case Dismissed!
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Is it possible to get a DUI to Public Intox.? Sure
Another DUI dismissed for Police Errors!
Not Guilty after a Jury Trial!
DUI 2nd offense with a 0.295 BAC found NOT-GUILTY after a Jury Trial, November 2021
If a conviction or jail time would be fatal to you, then you need a lawyer that will fight!
Yes, It is possible to get a 2nd offense reduced to a 1st, or less! ~ Don't get discouraged when facing 45 or more days in jail.
~ Call or Text me at 479-0550 and let's talk about your case and options.
