Tennessee DUI Lawyer Exposes DUI Myths – Part 3

In Part 1 of our series on Tennessee DUI Myths, we addressed the myth that the driver’s blood alcohol content is the sole determining factor in a DUI charge. In this article, we address another myth related to blood alcohol content, they myth that the tests are always accurate. Basically, the results of a blood alcohol test are only accurate if the test is done correctly.

Blood alcohol tests require a human to enter data into a computer, and they rely on the human to do so correctly. If the test is not done correctly, a person could be convicted of DUI when he or she is not really intoxicated. How could mistakes like this happen?

• Testing mistakes. According to this report in the Knoxville News Sentinel, a special agent for the Tennessee Bureau of Investigation allegedly switched two samples and ignored several safeguards put in place to catch errors. Due to that mistake, thousands of Tennessee Blood Alcohol tests were challenged.
• Mathematical Errors. A Pennsylvania district attorney’s office recently reported a calculating error that could potentially affect over 750 separate cases. These are not isolated incidents. Scientific testing is only good if it is done right.
• Intentional Errors. It sounds terrible, but according to this recent report by the American Bar Association, the intentional alteration of blood alcohol tests does happen occasionally. The report highlights alleged problems in crime labs, including cases where technicians and scientists faked lab tests, altered DNA results, or flat out made up reports that led to convictions.

If a blood alcohol test is administered correctly, then a retest of the same blood sample should have the same results. An experienced Tennessee DUI lawyer may suggest getting the blood sample tested independently. Don’t just assume that your blood alcohol results are accurate. Like anything that relies on human input, there can be mistakes or even intentional errors.

The penalties for driving under the influence in Tennessee are severe. You owe it to yourself to consult with a Tennessee DUI lawyer before making any decisions that could affect you for the rest of your life. Attorney Andrew J. Roberto is prepared to listen to you, discuss the law, advise you on your alternatives, and if necessary, defend you in Court. Give us a call at (865) 691-2777 or contact us through our website Brown & Roberto, PLLC to set up a free consultation and click here for related content