Summers, Rufolo & Rodgers
Call For A Free Consultation
View Our Practice Areas

Blood Alcohol Tests Archives

Do you have a right to talk to a lawyer before a DUI blood test?

In some circumstances, criminal suspects may have a right to counsel before they have been arrested. This is generally when the suspect is about to make a decision that will could impair their defense in a critical stage of the case. Is deciding whether to submit to a DUI blood test such a situation? What if the police have a warrant?

Could a medical condition affect your DUI charge?

Yes. There are a number of medical conditions that could affect your breathalyzer reading. If you suspect that your breath test came out unusually high, you should discuss the situation with your criminal defense attorney, as there may be an innocent explanation for at least some of your blood alcohol content.

Are sobriety checkpoints effective? Worth the cost?

In Tennessee and most of the United States, law enforcement engages in sobriety checkpoints to catch drunk drivers. These roadblocks are generally set up to test a random sample of all drivers who encounter them. In 1990, the U.S. Supreme Court ruled that, if properly set-up, a DUI checkpoint does not violate a driver's Fourth Amendment right to be free from unreasonable searches and seizures. But do they work?

Another state considers lowering DUI BAC limit to 0.05 percent

The state of California is considering two, tough new DUI bills. One would lower the per se blood alcohol content (BAC) for a DUI to 0.05 percent, following the lead of Utah and the recommendation of the National Transportation Safety Board. The other bill would make a fifth DUI within 10 years a felony offense.

Can sobriety be subjective?

Between movies, friends and firsthand experiences, there is an image in your head when you think about field sobriety tests. For many, it is probably the image of someone trying to walk heel-to-toe down a straight line.

Judge finds driver's license revocation law unconstitutional

Up until recently, Tennessee drivers with unpaid court costs often faced having their driver's licenses revoked. By taking away the ability to drive, individuals faced substantial economic disadvantages, affecting their ability to work and engage in ordinary lawful activities and many were unable to get their licenses back. If that wasn't bad enough, drivers often had no notice that the potential penalty existed for not paying court costs. However, a Tennessee federal court has determined that it is unconstitutional to revoke licenses simply on a person's inability to pay court costs or fines.

Landmark DUI fee case headed to TN Supreme Court

A landmark DUI fee case our attorneys have spent years litigating is heading to the Tennessee Supreme Court later this month. The case centers around a $250 "incentive" paid to the Tennessee Bureau of Investigation (TBI) for each successful DUI prosecution in Tennessee in which a blood or breath test was used. Our attorneys argued - and the Tennessee Court of Criminal Appeals agreed - that the fee arrangement provided an incentive for the TBI to produce BAC results that would lead to convictions.

Email Us For A Response

Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Summers, Rufolo & Rodgers
735 Broad Street, Suite 800
Chattanooga, TN 37402-2913

Toll Free: 888-778-6575
Phone: 423-933-2738
Fax: 423-266-5211
Chattanooga Law Office Map

Review Us
735 Broad Street, Suite 800