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Breath Test Refusal/Implied Consent Archives

Improperly calibrated breath testing machines do occur

Most DUI arrests and convictions are based on the results of a breath testing machine such as the Intoximeter, Intoxilyzer, Alco-Sensor or Alcotest. As a result, attorneys defending DUI cases often question the accuracy and validity of the breath test. These machines can cause inaccurate results when they are used by untrained personnel, used improperly, or calibrated improperly, as well as in some other circumstances. When evidence suggests the machine may have been used or calibrated improperly, the test results may be found inadmissible.

Can prescription pain meds land you behind bars?

Pain can make life complicated. It isn't always visible and it can be difficult to treat. It can make everyday life difficult. When you finally reach a point where the pain is under control, it can seem like it is only a matter of time before the treatment stops working and the process will have to start all over again.

What can happen at a DUI roadblock in Tennessee?

Whether your night out included alcohol or not, there is a moment of hesitation when you're driving home and see a sign for a DUI roadblock ahead. With the street full of officers and patrol vehicles to enforce the roadblock, the situation gets intimidating quickly.

Tennessee Supreme Court reaches decision in DUI fee case

In an earlier post, we told you about a case our attorneys had spent years litigating that challenged the constitutionality of a fee arrangement associated with statewide DUI convictions. The Tennessee Bureau of Investigation (TBI) was receiving a $250 fee for every successful DUI prosecution involving blood or breath test evidence.

Researchers say Breathalyzer tests fundamentally flawed

Researchers working in Washington state recently discovered fundamental flaws in the source code of a widely used Breathalyzer machine, Draeger's "Alcotest" device. Two software engineers conducted the research at the behest of criminal defense attorneys after Washington adopted the Alcotest devices for all its state and local law enforcement agencies.

Attorneys of SRR win landmark appeal in Tennessee DUI case

Attorneys Jerry Summers, Ben McGowan, and Marya Schalk of Summers, Rufolo & Rodgers recently won a major victory for Tennessee DUI defendants. The Tennessee Court of Criminal Appeals found that the statute imposing a $250 fee for convictions in DUI cases where testing is done by the TBI laboratory is unconstitutional because it violates due process and a defendant's right to a fair trial.

How can I use implied consent laws to benefit me?

One of the most complicated aspects of Tennessee's DUI laws are the implied consent laws. Anyone who is investigated for suspicion of driving under the influence will come face to face with the question of whether to submit to certain chemical tests. 

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